In July 2011, the NANSMIT Monitoring Service received 24 reports. Seven of them describe the factual situation in the media in the light of socio-legal and political environment and seventeen reports describe direct violations of rights of media professionals.
I. 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
14 July
Sukhrob Sharipov, Strategic Research Center under the President’s Office, Dushanbe
On 14 July, Sukhrob Sharipov, the director of the Presidents Strategic Research Center told the media at a poress conference in Dushanbe that the arrest of the BBC correspondent Urunboi Usmonov by the National Security Committee can seriously undermine Tajikistan’s image on the global level.
“This issue has gone out of the framework of jurisprudence gaining political coloration, and the President himself is closely watching the investigation”, — he said.
18 July
Khamrokhon Zarifi, Minister of Foreign Affairs, Dushanbe
At a press conference in Dushanbe on 18 July in Dushanbe, the Tajik Foreign Minister Khamrokhon Zarifi made comments on the arrest of Urunboi Usmonov, correspondent of the Uzbek service of BBC in Sughd province.
The Minister stressed that Tajikistan is a secular state and any citizen must bear responsibility for any violation of the national law. “This is how it works anywhere in the world. The security and law enforcement bodies must conduct an investigation. We cannot ignore the requirements of law and order for the sake of prestige of our country”, — said the Minister.
2. Negative impact of amendments and changes in the legislation on the media
21 June
All media
The Tajik senators have supported the amendments to the Tajik Criminal-Procedural Code proposed by the government. According to these amendments, materials published in the media can become a ground for initiating a criminal investigation.
Nuriddin Saidov, a member of the upper chamber of the Tajik parliament explained that “such materials must contain powerful evidence of violation of the law to become a legal ground for investigation”. Some experts say that these changes in the legislation are conducive for “settling of accounts” between rivals who might wish to use the media or journalists in their “games”. These changes make the media more vulnerable.
3. Factual situation in the media and the freedom of speech
8 July
All media, Dushanbe“Legal actions against journalists and the media undermine the good image of the Tajik government and its judicial bodies”, — said Nuriddin Karshiboev, chairman of NANSMIT at the round table in Dushanbe on the issues of “The media and protection of honor, dignity and business reputation”.
Karshiboev also stressed the necessity of changing the government decree dated 4 June 1992 “On practical application of the law in protection of honor, dignity and business reputation in courts”.
The growing number of applications in courts and complaints by public officials against journalists and media outlets, as well as their demands to terminate activities of correspondents and the media for the period of litigation are the evidence of persecution of media professionals in Tajikistan.
Six legal cases against eight media were registered in 2010-2011; the total amount the complainants claimed from defendants is $1,845 million. In February 2011, two media outlets paid complainants $67 thousand; the other cases are still pending in courts.
The Tajik Criminal Code has articles and provisions establishing responsibility for defamation, insult, public insult of the President, and insult of public officials. At present, three Tajik journalists are being persecuted for their professional activities.
Media experts say that the current situation makes the media vulnerable and leads to self-censorship among media professionals.
8 July
All media, Dushanbe
On 8 July, NANSMIT and Internews Network conducted a round table in Dushanbe on the topic “The media and the problems of protection of honor, dignity and business reputation”. The event was organized within the framework of a legal project supported by USAID.
Participants developed recommendations for the parliament, the government, judicial and law enforcement agencies and media organizations.
25 July
All media
The Union of Journalists of Tajikistan and the Tajik branch of Internews Network have released a manual on legal linguistic expertise of disputable texts investigated in courts. The project was sponsored by the USAID.
The necessity of releasing such brochure is caused by the growing number of lawsuits and legal complaints against the media accused of libel, insult and extremist statements.
The authors of this manual are Konstantin Brinev, a leading expert of the Association of Linguists and Professors “Lexis”, Russia, and Kirinshoh Sharifzoda, professor of the Tajik National University.
28 July
All media
NANSMIT and Internews Network have released a brochure titled “How to avoid defamation in the media?” The brochure sponsored by USAID is published in Russian and Tajik languages. The release contains thematic materials from the round table “The media and protection of honor, dignity and business reputation” and supplemented by quotes from the Tajik legislation regulating media activities.
The brochure is developed for heads and founders of the media, journalists, lawyers and university students.
II. VIOLATION OF PROFESSIONAL RIGHTS
1. Arrest of a journalist
5 July
EU Delegation to Tajikistan, Dushanbe
The EU Delegation to Tajikistan welcomes the reported decision by Tajik authorities to drop charges relating to BBC journalist Urunboy Usmonov’s alleged membership of “Hizb-ut-Tahrir”. The EU Delegation remains nevertheless deeply concerned by the fact that charges are, however, still being brought against Mr Usmonov, especially since these charges are related to practices which are generally accepted to be standard journalistic activity. The EU Delegation encourages the relevant Tajik authorities to review these additional charges, and requests that Mr Usmonov be released from detention immediately.
The European Union fully recognize the efforts of the Tajik Government to ensure stability and security within the country, but would also continue to stress the importance of media freedom in Tajikistan, and of adhering to transparent international judicial standards.
1 July
OSCE, Vienna
The Organization for Security and Cooperation in Europe’s (OSCE) representative on freedom of the media has urged Tajik authorities to release detained BBC reporter Urunboy Usmonov.
Dunja Mijatovic said she was still awaiting an official response on Usmonov’s case.
Mijatovic on June 16 sent a letter to Foreign Minister Hamrokhon Zarifi in which she called the arrest of Usmonov an attempt to censor reporting on sensitive issues.
Usmonov, who has worked for the BBC Central Asian Service for 10 years, was arrested on June 13 for alleged membership in a radical organization.
12 July
Sherkhon Salimzoda, prosecutor general, Dushanbe
Prosecutor general of Tajikistan Sherkhon Salimzoda told the media that the investigation of the case of Urunboi Usmonov by the Stet Security Committee has been finished and passed to the prosecutor of Sughd province. The official added that his subordinates compile a detailed report on this case for the president of Tajikistan Emomali Rakhmon.
Salimzoda applied to the Tajik media requesting to restrain from premature conclusions.
13 July
Reporters Without Borders
Reporters Without Borders reiterates its call for the release of Urinboy Usmonov, a reporter for the BBC’s Uzbek-language service in the northwestern province of Sughd, who has been held by the Tajik security services for exactly a month on suspicion of links to a banned Islamist group.
Prosecutor general Sherkhan Salimzad announced yesterday that the investigation has been completed and that the case been passed to the Sughd provincial prosecutor’s office.
“The fact that a ‘summary’ of the prosecution case has been sent to President Emomali Rakhmon suggests that all the appeals by journalists and the international community have been noted,” Reporters Without Borders said. “The justice system should nonetheless remain in charge of the case, and we hope that the completion of the investigation leads quickly to an impartial resolution that respects the rules of international law.
“As the investigation is now over, there is nothing to prevent this journalist’s conditional release. This should take place without delay. The justice system’s credibility would be greatly reinforced if all the judicial irregularities that have occurred since Usmonov’s arrest were also the subject of a serious investigation.”
Usmonov was arrested on 13 June because of his alleged links with Hizb-ut-Tahrir, an Islamist party that is outlawed in Tajikistan. He had been covering a trial of members of the party for the BBC.
http://www.eng.nansmit.tj/news/?id=710
14 July
BBC Statement on the continued detention of Urunboi Usmonov
It is now a month since our colleague Urunboy Usmonov was detained by the security services in Tajikistan.
The Tajik authorities have now confirmed that their investigation has been completed and the results have been handed over to the regional prosecutor’s office.
We also note that the Prosecutor General of Tajikistan has requested a summary of the case to be passed to the head of state, President Emomali Rakhmon for information.
The BBC hopes that this process will come to a speedy conclusion and lead to the release of Urunboi Usmonov and the clearing of his name.
The BBC has been clear that it regards the allegations linking the BBC reporter to Hizb ut-Tahrir as completely unfounded.
We believe that meetings and interviews with people representing all shades of opinion are part of the work of any BBC journalist.
We also remain deeply concerned about Urunboi Usmonov’s well being. BBC colleagues have been able to visit and found him to be frail and frightened.
It is now essential that our colleague is released as soon as possible, so that he can return to his family and his work as a respected journalist and writer.
http://www.eng.nansmit.tj/news/?id=711
15 July
Urunboi Usmonov, BBC correspondent, Sughd province
On 14 July, the BBC correspondent Urunboi Usmanov was released from the Interior Ministry detention center in Khujand, Sughd province. At present, Usmanov stays at home restraining from communication with the media.
15 July
NANSMIT, CPJ, US Embassy
The Tajik National Association of Independent Mass Media (NANSMIT), the Committee to Protect Journalists (CPJ), the US Embassy in Dushanbe and a number of other organizations and diplomatic missions appreciate the decision of the Tajik authorities on the release of Urunboi Usmanov, the BBC correspondent in Sughd province.
Detailed information is available at:
http://www.eng.nansmit.tj/news/?id=714
http://www.eng.nansmit.tj/news/?id=713
20 July
Abdurakhim Kahhorov, Minister of Interior, Dushanbe
On 20 July, at a press conference in Dushanbe, the Tajik Minister of Internal Affairs Abdurakhim Kahhorov told the media that “the innocence of the BBC correspondent Urunboi Usmonov has not been proven, and he is released on parole”.
According to the Minister, investigation of cases related to extremist organizations, Hisb-ut-Tahrir are under the competence of the National Security Committee.
2. Impediments to professional activities
18 July
Shirinjon Safarov, correspondent, TV Safina, Khatlon province
In March 2011, Shirinjon Safarov, correspondent of TV Safina in Khatlon province applied to Mr. G. Afzalov, head of the administration to discuss cases of violations of journalists and the behavior of certain public officials.
Ever since, Afzalov’s administration has been ignoring requests from TV Safina; there has not been any official response.
3. Ungrounded limitation of access to information
27 July
Farazh weekly, Dushanbe
The antimonopoly service under the government ignores requests of journalists; it provides neither feedback nor comments on publications in media outlets.
During three months, the Farazh weekly published a series of articles requiring comments by the antimonopoly service. Authors of these articles, referring to the President’s Decree #622 obliging public officials to respond to publications containing criticism, addressed very explicit questions to the agency, but received no answer.
Farazh was expecting to get the answers at a press conference organized by the agency on 22 July. However, the head of the antimonopoly agency, Mr. Tagoimurodov told the journalists that “providing feedback on every publication is beyond their responsibilities”.
4. Censorship
22 July
Nigoh weekly, Dushanbe
On 21 July, the Nigoh weekly went out of the printing facilities in an “incomplete format” – one page was missing.
The chief editor Eraji Amon complains that he cannot find out what went wrong, and who was interested in having that page lost. The editor added that this incident is not the first of that kind.
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 Karshibaev