In September 2011, the NANSMIT Monitoring Service received 26 reports. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; nine reports describe direct violations of rights of media professionals; and six reports describe conflicts and accusations against the media and journalists.
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
7 September
All media, Dushanbe
Enmity, strife and lack of understanding of the mission among journalists have a negative impact on professional solidarity in the media environment. This is the main message voiced during an online conference “Solidarity among journalists: a myth or reality?” held on Facebook.
The Tajik private weekly Farazh published an article based on the outcomes of the online conference (#36, 07.09.2011).
According to the freelance journalist Dariush Rajabiyon, solidarity is needed for protection of reputation and personal security of any media professional. Journalists can stick to any political and social opinions, but they have to get together to oppose any insult from the authorities and perform the role of the driving power in the society.
14 September
Doris Hertrampf, ambassador of Germany to Tajikistan
The Tajik weekly Millat (#37, 14.09.2011) quoted the German ambassador in Dushanbe as saying that the situation in the area of freedom of speech in Tajikistan could have been better. The diplomat appreciates the existence of independent media and professional media organizations who range themselves on the side of law and order and are capable of protecting their rights.
2. Journalists protecting their professional and civil rights
1 September
Juma Tolib, editor, Paykon weekly, Dushanbe
Juma Tolib is trying to resume publication of his newspaper Paykon (the Nigokh weekly, #24, 30.08.2011). According to the editor, the Bureau on Linguistic Expertise and Journalistic Investigations, which is the founder of the Paykon weekly, was closed because of a falsified document produced by the tax authorities. Allegedly, the document said that the newspaper was not properly registered.
“How could we function for so many years without the registration? Who would believe in that?”, — asks Juma Tolib.
In May 2010, the Firdausi district court in Dushanbe ruled to close the Linguistic Expertise and Journalistic Investigations Bureau.
7 September
All media, Dushanbe
On 7 September 2011, the Paris-based organization Reporters Without Borders (RSF) and the Tajik National Association of Independent Media (NANSMIT) released a joint statement addressed to the President of Tajikistan Emomali Rakhmon. The organizations solicit support of the Tajik leader in organizing a fair investigation on the case of the journalist Makhmadyusuf Ismoilov. “There is a need to respect the presumption of innocence and conduct an impartial investigation”, — the statement says.
8 September
All media, Dushanbe
On 8 September 2011, the Tajik media organizations applied to the Tajik President Emomali Rakhmon and the national parliament asking to ensure protection of the freedom of speech and stop the pressure against the media.
The appeal was adopted at a round table session on the occasion of the International Journalists’ Solidarity Day.
Participants of the round table also voiced the necessity of creating a Support Fund for journalists whose rights are violated.
8 September
All media, Khujand, Sughd province
On 8 September, the Tajik National Association of Independent Media (NANSMIT) conducted a session at the round table on the occasion of the International Journalists’ Solidarity Day. Participants of the session adopted an appeal to the President of Tajikistan Emomali Rakhmon expressing concern about the persecution of the freelance journalist Makhmadyusuf Ismoilov.
16 September
All media, Rasht district
On 16 September, the Tajik Media Council held a round table to discuss standards of professional media ethics in Gharm, Rasht valley. The event was conducted under support of the OSCE Bureau in Dushanbe. Journalists from Jirgital, Tajikabad and rasht districts took part in the event.
Participants of the round table discussed the issues of self-regulation in the media by means of standards adopted by the community of journalists. They stressed the necessity of promoting these norms, which in turn, would be conducive to enhancement of quality of media products and would ensure security of journalistic activities.
16 September
All media, Rasht district
On 16 September, journalists from the Rasht valley of Tajikistan discussed issues to be raised at the forthcoming XI Congress of the Tajik Union of journalists.
Participants mentioned the necessity of creating a resource center for media professionals in Rasht valley. Journalists in this region suffer from the information isolation and have no opportunities to cooperate with the media in the capital.
They also developed recommendations on finding and teaching young talented journalists in the region.
21 September
Juma Tolib, editor of Paykon weekly, Dushanbe
On 21 NANSMIT, the Tajik Union of Journalists and the Tajik Media Alliance applied to the media community with a request to support the well-known journalist Juma Tolib who needs serious medical treatment.
Since 1984, Juma Tolib, the member of the Tajik Union of Journalists has been working in the media environment. He was the editor and founder of several printing periodicals – both government and private ones.
In 2005, he was persecuted for his publications criticizing the authorities. In July 2005, he was sentenced to two years in prison. After the release, he founded a private newspaper Paykon.
II. VIOLATION OF RIGHTS IN THE MEDIA
1. Assault against a journalist
1 September
Khurshedi Atovullo, editor, Farazh weekly, Dushanbe
On 31 August, unknown assailants attacked the editor of the Farazh weekly Khurshedi Atovullo. The journalist told the police that he was riding his car with two friends. The car was chased by a vehicle VAZ-06 with the plate number У 21 37 РТ. Another vehicle blocked them on the road. Three young persons jumped out of the car, which followed Atovullo’s one; and four other individuals joined the attackers.
The young people started beating the journalist and his friends. According to Atovullo, the assailants presented no accusations; neither did they demand anything.
The journalist was hospitalized with numerous traumas.
1 September
Khurshedi Atovullo, editor, Farazh weekly, Dushanbe
On 1 September, the Tajik Union of Journalists, NANSMIT and the Tajik Human Rights Bureau issued a statement condemning the attack against the editor of the Farazh weekly Khurshedi Atovullo.
The Tajik media organizations mentioned that the recent case is the second of that kind – in February 2011, unknown assailants attacked the editor of the Najot weekly Khikmatullo Saifullozoda.
UJT, NANSMIT and BHR demand from the Tajik law enforcement agencies thorough and fair investigations on both cases.
7 September
Khurshedi Atovullo, editor, Farazh weekly, Dushanbe
The editor of the Farazh weekly Khurshedi Atovullo told the media that he has forgiven the assailants who attacked him on 30 August 2011. The journalist says that the attack is not likely to be related to his professional activities.
“These guys are facing only conditional punishment if they are tried on hooliganism charges. Otherwise, the court can impose a huge financial penalty, which would be a big burden on their parents. They are young, and have a chance to take over a new leaf having no criminal records. This is why I have taken my complaint back”, — said Atovullo.
2. Violation of the principle of publicity in judicial proceedings
15 September
Makhmadyusuf Ismoilov, correspondent of Nuri Zindagi, Khujand, Sughd province
On 15 September, representatives of the media were prohibited from attending court hearings on the case of Makhmadyusuf Ismoilov, correspondent of the Nuri Zindagi weekly.
Representatives of OSCE and NANSMIT who thoroughly monitor the case were also banned from attending the court sessions.
Ismoilov has been in custody since November 2010. He is indicted for libel, insult, incitement of racial, ethnic and religious enmity, and extortion.
2. Threat (Article 120 of the Tajik Criminal Code)
1 September
Shukhrat Kudratov, Abdurakhmon Sharipov – lawyers of the Asia Plus weekly, Dushanbe
The Tajik prosecutor general’s office has forwarded a complaint filed by the lawyers of the Asia Plus weekly to the Ministry of Interior.
The two lawyers – Shukhrat Kudratov and Abdurakhmon Sharipov expressed bewilderment over the action of the prosecutor’s office – the paper is passed to the government body, which the subject of the complaint has a direct affiliation to.
The lawyers stated that they had not had any notification on the intention to forward the complaint to the Interior Ministry, and they are going to demand a written justification of the prosecutor general’s actions.
The office of prosecutor general has given an answer saying that the complaint is forwarded to the Interior Ministry to conduct an internal investigation and provide the prosecutor’s office with a feedback on the results.
The Asia Plus lawyers filed a complaint to the prosecutor general’s office against an officer from the Interior Ministry’s organized crime unit. The officer verbally attacked the lawyers in the premises of the Firdausi district court in Dushanbe. According to the lawyers, the officer threatened them.
3. Ungrounded limitation of access to information
1 September
Valentina Kasymbekova, freelance journalist
On 30 August 2011, the Religious Affairs Committee under the government denied a request on information made by Valentina Kasymbekova, a freelance journalist.
The journalist tried to receive comments from public officials about the implementation of the recently adopted law on parental responsibility. This controversial law contains serious restrictions for teenagers banning them from attending religious institutions.
The Committee officials told Kasymbekova that a conversation is possible only after a permission obtained from the chairman, for which the journalist should submit a request in advance.
22 September
All media, Dushanbe
The President of Tajikistan Emomali Rakhmon has changed the Decree adopted in March 2005 obliging ministers and heads of government agencies to conduct quarterly press conferences. From now on, press briefings will be held twice a year.
According to Makhmudjon Sarayev, senior specialist from the Information Analytical Unit under the President’s administration, the press conferences have turned into “simple reporting”, and they are organized for the sake of formality.
Chairman of the Tajik national Association of Independent Mass media Nuriddin Karshiboev says that the amendments will create additional difficulties for media professionals looking for information.
III. CONFLICTS, VIOLATIONS, INCRIMINATIONS
1. Protection of honor, dignity and business reputation
21 September
Asia Plus weekly, Dushanbe
The court hearing on the lawsuit filed by general Anvar Tagoimurodov against the Asia Plus weekly scheduled for 21 September has been postponed because of the absence of the complainant. The Asia Plus lawyer Shukhrat Kudratov told the media that this is the second time when the complainant does not show up in court.
The next hearing is scheduled for 23 September.
In early 2011, the former chief of the organized crime control unit under the tajik Interior Ministry Anvar Tagoimurodov demanded an investigation into a publication in the Asia Plus depicting cases of torture in closed institutions of Sughd province involving law enforcement officers.
In his statement, Tagoimurodov says that the allegations in the article are far from reality, and the publication defames his honor, dignity and business reputation.
The general demanded 1 million Somoni in damages over the comments in the article.
27 September
The Farazh weekly, Dushanbe
The Rudaki district court in Dushanbe investigates the claim by Fazliddin Azizov against the Farazh weekly and its correspondent Zevar Sharipova who wrote an article titled «It’s a shame… A Mercedes costs 22 grand” (#33, 17 August).
Azizov says that the author insulted him in the article, and his business reputation is damaged.
Khurshedi Atovullo, editor of Farazh told the NANSMIT monitoring service that the claimant demands 500 thousand Somoni (about #103 thousand) in damages over the article.
2. Correspondent charged for relations with extremist organization
19 September
Urunboi Usmonov, correspondent of BBC, Khujand, Sughd province
On 19 September, the Sughd province court resumed hearings on the case of Urunboi Usmanov, correspondent of the Uzbek service of BBC.
On 21 September, the Sughd province prosecutor required the court to sentence Usmonov to five years in prison for his illicit activities and relations with the extremist organization Hisb-ut-Tahrir. However, the prosecutor required to apply the amnesty law to the journalist and release him from punishment.
At the same time, the prosecutor asked the court to acknowledge the guilt of Usmonov according to Articles 36, Part 5 (partners in crime) and Article 307 (organization of activities of a criminal group) of Tajikistan’s Criminal Code.
3. Accusation of libel and insult
20 September
Makhmadyusuf Ismoilov, Nuri Zindagi, Khujand, Sughd province
The court hearings on the case of Makhmadyusuf Ismoilov is postponed until indefinite time.
Ismoilov’s lawyer Mukhabbat Juraeva told the media that the chairing judge Saodat Atoeva decided to postpone the hearings because of the absence of Sadriddin Saidov, the second lawyer protecting the journalist in court.
Makhmadyusuf Ismoilov was arrested by the law enforcement officers on 23 November 2010; ever since he has been held in custody. The journalist is accused of libel, insult, incitement of national, ethnic and religious hatred and extortion.
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