In October 2011, the NANSMIT Monitoring Service received 28 reports. Eighteen of them describe the factual situation in the media in the light of socio-legal and political environment; six reports describe direct violations of rights of media professionals; and four 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
11 October
Dunja Mijatovic, the OSCE media freedom representative in Vienna
Dunja Mijatovic, the OSCE media freedom representative in Vienna made a statement condemning the Tajik judicial authorities intending to sentence the journalist Makhmadyusuf Ismoilov to 16 years in prison.
Mijatovic called on the Tajik authorities to release the correspondent of the Nuri Zindagi weekly.
“I am calling on the authorities to dismiss all charges from Ismoilov since they are all related to his journalistic activities and to release him immediately”, — said Mijatovic.
“Should journalists criticizing public officials be subject to criminal persecution, lengthy preliminary detentions and receive tough sentences, Tajikistan will be at risk of limiting public discussions on topical issues. The judgment of guilt against Ismoilov will have a serious deterrent effect on journalists. His lengthy stay in custody is a threatening signal for Tajik journalists”, — she said.
Mijatovic said that she attentively follows the case of Makhmadyusuf Ismoilov, and she has repeatedly approached the tajik authorities on this issue.
“Regrettably, I have not received any official response from the authorities so far”, — Mijatovic added.
17 October
Dunja Mijatovic, the OSCE media freedom representative in Vienna
Dunja Mijatovic, the OSCE media freedom representative in Vienna has appreciated the release of two Tajik journalists convicted on charges related to their professional activities. The OSCE official called on the Tajik authorities to drop the charges.
“Makhmadyusuf Ismoilov and Urunboi Usmanov are released. However, I am concerned about the fact that both of them were convicted for criminal offence. The journalists were convicted for covering the developments of public interest. I hope that their appeals [to the judicial authorities] will be successful, and all charges will be dropped”, — said Mijatovic.
“I will keep watching the cases of Ismoilov and Usmonov, and I hope that in the near future they would get back to their professional duties”.
The OSCE official told he media that she is planning to visit Dushanbe to have meetings with the authorities, civil society organizations and the media.
20 October
Nuriddin Karshiboev, chairman, NANSMIT, Dushanbe
Nuriddin Karshiboev, chairman of NANSMIT told the Asia Plus correspondent that “it would be inappropriate to consider the cases of Ismoilov and Usmanov the failure of the law enforcement agencies; neither it would be appropriate to think that this is the victory of the media community”.
Karshiboev noted that NANSMIT is concerned about the fact that the reporters are not fully acquitted and the charges are not dropped. Moreover, the correspondent of Nuri Zindagi Ismoilov is to pay a big penalty.
The chairman of NANSMIT said that Ismoilov’s lawyers are going to appeal against the judgement.
17 October
Alan Duncan, Minister of International Development, UK, Dushanbe
On 17 October, the Minister of International Development of the United Kingdom Alan Duncan expressed his concern to the Tajik president Emomali Rakhmon in Dushanbe about the conviction of Urunboi Usmanov, the BBC correspondent in Sughd province.
The British official expressed satisfaction about the release of the journalist according to the amnesty law; at the same time, he is concerned about the court sentence.
Duncan stated that the freedom of speech is an integral element of modern states and democracies whereas in Tajikistan, there are many cases of persecution of journalists in relation to their professional duties.
23 October
Hilary Clinton, the US State Secretary, Dushanbe
On 23 October, after the meeting with the Tajik President Emomali Rakhmon, the US State Secretary Hilary Clinton told the media that the US is concerned about the freedom of press in Tajikistan.
“In the meeting with the President, we raised particular issues of concern in the US State Department. We consider that journalists must work freely, not being scared of punishment”, — said Clinton.
25 October
Rina Kionk, European Union, Dushanbe
On 25 October, Rina Kionk, head of the EU delegation for the “Human Rights Dialogue between the EU and Tajikistan” raised the issue of decriminalization of the defamation article in Tajikistan’s criminal code.
The EU official said that this issue has been raised repeatedly in a number of meetings, but the Tajik authorities do not react at all; neither do they provide any feedback.
“During our discussions, we suggested to exclude the articles on libel and defamation from the criminal code, but our proposals did not take any effect. On the contrary, what we see is the worsening situation in the area of freedom of speech”, — said Kionk.
According to the high-ranking EU diplomat, in the last two years, the Tajik journalists and the media have had legal problems because of “libel and defamation” involving public officials. Many cases ended with big financial penalties.
25 October
Saifullo Kodirov, Ministry of Culture
Saifullo Kodirov, the head of the Tajik Culture Ministry’s department stated that the Ministry of Culture and the Prosecutor General’s office are the two government agencies that are authorized to appeal to courts regarding termination of professional activities of the Tajik media.
The official added that in the last ten years, the state authorities have never approached courts with such kind of appeals.
These remarks were made at the round table in Dushanbe within the framework of the “Human Rights Dialogue between the EU and Tajikistan”.
Kodirov added that he sees no grounds for concern among the EU representatives about the situation in the media. He says that the BBC correspondent Urunboi Usmanov and the Nuri Zindagi reporter Makhmadyusuf Ismailov went on trial as citizens rather than journalists. Kodirov said that the cases of the two reporters have nothing to do with their media activities.
25 October
Peter Horroks, director, BBC World Service, London, UK
“Our support to Urunboi Usmonov remains invariable, and we hope that the appeal will help restore his reputation of a respected writer and journalist”, — said Peter Horroks, director of the BBC World Service.
“We also intend to receive answers to our questions regarding tortures and improper treatment of Usmonov while he was in custody. We express concern over shortcomings in the court trial”, — he added.
2. Factual situation in the media and the freedom of speech
1 October
Reporters Without Borders, Paris, France
The Paris-based organization Reporters Without Borders issued a press release saying the following:
“We are relieved that the authorities have finally released Makhmadyusuf Ismoilov, who had been held in solitary confinement for nearly a year without a thought for his state of health. But his sentence, like Urinboy Usmonov’s, is unacceptable. These two journalists have already paid too high a price for their independence. They should have been acquitted and even compensated. We fully support their decision to appeal to Tajikistan’s supreme court.”
The full text of the RSF press release is available here: http://www.eng.nansmit.tj/news/?id=773
1 October
Committee to Protect Journalists, NYC, USA
The Committee to Protect Journalists issued a statement saying that “it is relieved by the release of two Tajik journalists, but condemns their convictions on extremism and insult, among other charges”. The CPJ calls for the quashing of the convictions on appeal.
The full text of the CPJ press release is available here: http://www.eng.nansmit.tj/news/?id=774
3. Journalists protecting their civil and professional rights
4 October
All media, Dushanbe
On 4 October, professional media organizations applied to the President of Tajikistan Emomali Rakhmon to take under personal control the court case of Mahmnadyusuf Ismoilov, a journalist from Sughd province accused of defamation, insult, localism and blackmailing. The Tajik National Association of Independent Mass Media (NANMSIT), the Tajik Media Council and the Media Alliance of Tajikistan express concern over the journalist facing 14 years in prison for his publications where he criticized authorities and revealed cases of corruption.
It is especially confusing that complaints in this case are a group of officials from the administration of Asht district in Sughd province; they say they are offended by Ismoilov who dared to criticize them in his articles published in an independent newspaper Nuri Zindagi. The 51-year-old journalist who also suffers from physical disabilities has been held in custody for 11 months.
The case of the Tajik journalist cause a way of criticism among local and international human rights organizations. Experts say that the arrest and punishment of the journalist are absolutely disproportionate to what he could “allegedly do” performing his professional duties.
The US government has also joined the calls for releasing Ismoilov. A few days ago, in the course of discussion of human rights in Tajikistan at the UN Human Righs Council in Switzerland, a representative of a US delegation, the 2-nd Secretary of the US Mission in the UN John Mariz expressed concern over persecutions of journalists and the freedom of speech in Tajikistan. The official also mentioned the increased level of self-censorship in the Tajik media caused by frequent cases of legal prosecution.
The Tajik independent weekly Asia Plus, referring to the new statement released by public organizations, says that “in the process of persecution of Ismoilov, there was a number of egregious blunders violating the national legislation”. Human rights advocates believe that Emomali Rakhmon, as a guarantor of constitutional rights will take this case under his control and the case will be resolved in a fair manner.
22 October
All media, Dushanbe
Twenty Tajik journalists from the capital and from regions have passed a training “On strategies and techniques of court chronicles”.
The seminar was held in Dushanbe from 17 to 21 October. It was organized by the Independent School of Journalism “Tajikistan – XXI Century” under the project “Covering the issues of criminal procedures and promoting legal literacy through the media”. The project is supported by the US Embassy’s drug control and law and order unit in Dushanbe.
Participants of the seminar also attended court hearings in two districts of Dushanbe. They analyzed the proceedings paying specific attention to the behavior of each party, making records.
II. VIOLATION OF RIGHTS IN THE MEDIA
1. Censorship
5 October
Juma Tlib, editor, Paykon weekly, Dushanbe
The editor of the Paykon weekly Juma Tolib told Radio Ozodi (Radio Liberty) that his newspaper has been subject to constant censorship by the Sharki Ozod printing house under the President’s office.
The editor also told that prior to printing, his newspaper had to be fully read through by “competent people”; then, certain materials would be excluded from the issue, after which they could receive a permission for printing.
2. Accusation of participation in banned religious and extremist activities
13 October
Urunboi Usmonov, BBC correspondent
The Sughd province court continued hearings on the case of Urunboi Usmonov, correspondent of the Uzbek service of BBC.
The journalist admits no guilt saying that his affiliation to the banned organization Hisb-ut-Tahrir is not established. Usmonov’s case is being investigated jointly with the case of other four suspects accused of participation in the illegal religious organization and extremism.
Deputy prosecutor of Sughd province Foziljon Akhunov told the media that even in case of judgment of guilt, Usmonov will be released on the grounds of amnesty, and the other defendants’ terms will be decreased by two years.
3. Accusation of libel and insult
1 October
Makhmadyusuf Ismoilov, Nuri Zindagi correspondent, Khujand, Sughd province
Prosecuting officials of Khujand, Sughd province requested the court to sentence the Tajik journalist Makhmadyusuf Ismoilov to 16 years in prison and to decrease this term by two years according to the law on amnesty.
The defense attorney asked the court to release the journalist since none of the filed charges have been proven in the course of investigation.
The defense attorney noted the absence of corpus delicti in Ismoilov’s actions and requested his immediate release according to both international and national legislation.
4. Violation of criminal-procedural legislation
1 October
Sadriddin Saidov, attorney, Khujand, Sughd province
Sadriddin Saidov, the defense attorney of the Tajik journalist Makhmadyusuf Ismoilov stated that the charges against his client are illegal.
Ismoilov is accused of libel, insult and defamation of local officials. Legal experts and media professionals say that the correspondent of the Nuri Zindagi weekly has become a victim of bureaucrats who are angry with his publications.
Saidov says that the charges against Ismoilov had been dropped in September 2010, but the prosecutor of Asht district recalled the judgment and ordered to keep the journalist in custody.
5. Ungrounded limitation of access to information
16 October
Mumin Ahmadi, Radio Ozodi, Dushanbe
Journalists in Khatlon province complain that the municipal police in Kulyab are reluctant to meet with journalists and respond to their requests of information. (www.ozodi.org, Radio Ozodi, 16 October 2011).
The local journalist Biloli Shams told that he applied to the head of the Kulyab interior department and to the head of the Farkhor district police, but both officers referred the correspondent to the Interior Minister.
In Dushanbe, another Radio Ozodi correspondent approached high-ranking officials in the Ministry of Interior. It turned out that they also avoid meetings with the media. One official who asked not to mention his name told the journalist that the reason for silence is “an order from above” obliging law enforcement officers to restrain from contacts with journalists.
III. CONFLICTS. VIOLATIONS OF RIGHTS IN THE MEDIA
1. Charges against journalist on Articles 135 (Libel), 136 (insult), 189, Part II (incitement of national, racial, ethnic and religious feud), and 250 (Extortion) of the Tajik Criminal Code.
14 October
Makhmadyusuf Ismoilov, correspondent, Nuri Zindagi weekly, Khujand
The final court hearings on the case of Makhmadyusuf Ismoilov took place in Khujand, Sughd province.
The court dropped charges against Ismoilov on Articles 135 (Libel), 136 (insult), 189, Part II (incitement of national, racial, ethnic and religious feud), and 250 (Extortion) of the Tajik Criminal Code. Ismoilov was released after eleven months spent in custody.
However, the court ruled that Ismoilov must pay a penalty in the amount of 35 thousand TJS (about $7,3 thousand) according to charges on other three Articles of the Criminal Code.
After the release, the journalist told the media that he does not admit any guilt. “Writing my articles, I did not pursue the goal of defaming public officials; on the contrary, I wanted to tell the people about shortcomings in the official structures in Asht district”.
This document is based on reports from the media and information from private sources collected and compiled by the NANSMIT Monitoring Network.
Abdufattokh Vokhidov,
Coordinator of the Monitoring Service
Nuriddin Karshibaev,
Project Manager