Freedom of Speech in Tajikistan
October 2012
In October 2012, the Monitoring Service received 13 reports. Nine of them describe the factual situation in the media in the light of social, legal and political environment; two reports describe direct violations of rights of media professionals; and two 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
8 October
Emomali Rakhmon, President of Tajikistan, Dushanbe
Speaking at the National Language Day celebration on 5 October, the Tajik President Emomali Rakhmon harshly criticized the linguistic manner and style of many publications in the local printing media. Newspaper Samak (#41, 8 October 2012).
The newspaper conducted an opinion poll among experts about shortcomings in the media. The vast majority of interviewees support the President’s viewpoint, saying that publications often contain poorly verified facts; the language is also obscure; and very few analytical publications touch upon topical issues relevant for the country.
2. Amendments in the legislation affecting the media freedom
1 October
All media, Dushanbe
On 1 October, deputies of the Tajik Parliament’s lower chamber adopted the draft of amendments and changes to the national criminal-procedural code. The new draft suggests exclusion of Articles “insult” and “libel”, i.e. these Articles will be decriminalized.
1 October
Rustam Mengliev, Minister of Justice, Dushanbe
The Tajik Minister of Justice Rustam Mengliev made comments for the media on the recent adoption of amendments to the national criminal-procedural code decriminalizing the Articles 135 and 136 (libel and insult respectively).
The decriminalization of these Articles was suggested by the Tajik President Emomali Rakhmon. From now on, cases referring to libel, insult or defamation will be considered in the context of the national civil code.
Punishment for libel, insult or defamation will be performed in the form of obligatory public refutation or financial penalties as moral compensation based upon a civil court verdict. Previously, the crimes on the “libel” Article could entail imprisonment up to five years, and “insult” – up to two years.
3. Actions of public officials defining the status of the media and the factual situation
1 October
Davlatali Nazriev, head of Information, Analysis and Foreign Policy Planning, Ministry of Foreign Affairs, Dushanbe
Davlatali Nazriev, the head of the Tajik Foreign Ministry’s Information Department told the media that the Tajik state agencies’ press services are going to create their own professional union.
The official added that the decision was made at a recent seminar “Interaction between state agencies’ press services and the media”. The seminar was conducted by the Tajik National Association of Independent Mass Media (NANSMIT) jointly with the Tajik Foreign Ministry’s Information, Analysis and Foreign Policy Planning Department. It was financially supported by the NGO International Media Support.
The initiative group comprising representatives of the Tajik Foreign Ministry, press services of the Ministries of Health and Education, the National Security Committee, the Women and Family Affairs Committee under the government will be in charge of organizational issues and convening the foundation conference.
The professional union of the state press services will be created with the purpose of exchanging experience, implementation of educational programs, developing communication and public relation strategies ensuring better access to all official sources of information.
4. Journalists protecting their professional and civil rights
2 October
All media, Dushanbe
Tajik media organizations have launched and educational and public awareness campaign “100 days for the freedom of TajNet” on Facebook. The action was initiated by NANSMIT, the Tajik Union of Journalists and the Media Alliance of Tajikistan.
According to organizers, the action will attract attention of the civil society and the government to the problems of the freedom of expression in the Internet.
The organizers issued a statement saying that democratic values and the rule of law are in jeopardy. The Internet is seen as a free information space; however, the recent limitations in the free expression and pluralism in the Tajik segment of the Internet – the so-called TajNet – raises serious concern in the society.
The organizers expressed hope that their constructive suggestions would help in resolving conflicts in the media environment.
10 October
IWPR, Dushanbe
The British Institute for War and Peace Reporting (IWPR) launched the second stage of trainings for media professionals in the area of journalistic investigations.
On 8-9 October, 14 young journalists from Dushanbe, Kulyab, Khorog and Khujand took part in a seminar to learn the methodologies of collecting and analyzing information and documents from web resources. Another aspect of the training was studying legislation for conducting investigations.
The first series of thematic trainings was held in June 2012.
The project “Laboratory for Journalistic Investigations” is implemented under financial support of the Open Society Institute in Tajikistan.
11 October
All media, Dushanbe
The Tajik Union of Journalists, NANSMIT, the National Media Council, and the Media Alliance of Tajikistan published a statement addressed to the Tajik Minister of Interior and the head of Tajikistan’s Traffic Police. The statement concerns the road accident on 9 October, which entailed hospitalization of Iskandar Firuz, the correspondent of the Persian Service of BBC.
13 October
All media, Khujand, Sughd province
On 13 October 2012, the Tajik National Association of Independent Media convened a meeting at a Journalists’ Club attended by media professionals and human rights activists.
Participants discussed opportunities for creating a trade union of media workers in Tajikistan.
The idea of setting up such an institution emerged long ago; however, some media professionals say that the trade union might duplicate the functions of the Tajik Union of Journalists.
31 October
All media, Dushanbe
The British Institute for War and Peace Reporting (IWPR) held a seminar in Dushanbe on the topic “Cooperation between the mass media and human rights watchdogs”.
Participants practiced to organize and conduct press conferences and interviews. Besides that, journalists and human rights activists exchanged information about recent amendments in Tajikistan’s legislation and methodologies enabling them to attract attention to their activities.
II. VIOLATIONS OF RIGHTS IN THE MEDIA
1. Violation of legal procedures
3 October
TV Jahonoro, Gafurov, Sughd province
The Sughd province Prosecutor’s Office initiated administrative proceedings against the editor of the TV station Jahonoro Mohira Vokhidova. The editor is accused of spreading information about the fire at Korvon market in Dushanbe.
The director of TV Jahonoro Makhmudjon Dadoboev told NANSMIT that straight after broadcasting the information about the accident taken from the web site TojNews, he was called to the Sughd province branch of the National Security Committee.
Shortly afterwards, Dadoboev was called to the Prosecutor’s Office where he was asked to write a report. After a while, the director learned that the Prosecutor’s Office applied to the court complaining that “the TV station violated Article 373 of Tajikistan’s Administrative Code”.
Muhabbat Juraeva, the lawyer from the Sughd province Legal Support Center says that Article 373 of the Administrative Code concerns violations in dissemination of media products. “The actions of TV Jahonoro have no legal violations per se”, — she said. – “TojNews is a registered news resource, and dissemination of information taken from that web site cannot be ssen as something illegal”.
The Tajik broadcasting legislation says that information can be freely disseminated if the source is indicated (mentioned in broadcasting), and the broadcaster bears no responsibility whatsoever.
2. Violation of the freedom of information
4 October
All media
The Tajik weekly Asia Plus published an article titled “Voluntary-compulsory subscription” (#74, 01.10.2012) revealing the growing administrative pressure on certain categories of subscribers. “Officials in a democratic country still cannot give up the legacy of the communist time”, — the article says.
In educational institutions, even in kindergartens, employees are forced to subscribe to particular newspapers and magazines.
The authors of the article describe “administrative tools”, which public servants apply to support the state-owned printing media.
III. CONFLICTS AND VIOLATIONS IN THE MEDIA
1. Demands on refutation
3 October
TV Jahonoro, Sughd province
Muhabbat Juraeva, the lawyer of the Sughd province Legal Support Center told the NANSMIT monitoring service that the Prosecutor’s Office initiated an administrative case against the editor of Jahonoro TV Mohira Vokhidova.
The administrative case is initiated in relation to a TV report about the fire at the Korvon market in Dushanbe.
The Sughd province Prosecutor’s Office confirmed the information about the alleged administrative violation. A source in the Prosecutor’s Office confirmed that the case is passed to the court. The source refused to provide comments on the situation saying that this is a prerogative of the court.
On 30 October, the director of TV Jahonoro was dismissed from his position – allegedly, because his TV station disseminated the information taken from the Internet about the accident in Dushanbe.
Dodoboev said that the decision was taken by the founder of Jahonoro Mr. Ohunov. The lawyer Juraeva considers that the founder sees the incident as something that has had a negative impact on the TV station.