Freedom of Speech in Tajikistan
July 2013
In July 2013, the Monitoring Service received 31 reports. Seventeen of them describe the factual situation in the media in the light of social, legal and political environment; six reports describe direct violations of rights of media professionals; and eight reports describe conflicts and accusations against the media and journalists.
I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL ENVIRONMENT DEFINING THE FACTUAL SITUATION IN THE MEDIA
1. Statements and actions of public officials defining the factual status of the mass media
2 July
General Jurakhon Zoirov, Ministry of Interior, Dushanbe
General Jurakhon Zoirov, representative of the Tajik Ministry of Interior stated that Tajikistan is facing a new problem – the growing number of crimes committed in the Internet using modern technologies.
Speaking at the Regional Conference in Dushanbe on countering cyber crimes, the official stated that cyber crimes are a threat to the national information security in Tajikistan. The Interior Ministry created a special task force to counter these crimes. “Such Internet resources as www.irshod.ru are receiving support from extremist organizations and illegal movements.
11 July
Rakhmatillo Zoirov, Social-democratic Party, Dushanbe
Rakhmatillo Zoirov, chairman of the Tajik Judicial Consortium and the leader of the Social-democratic Party of Tajikistan stated that the lawsuit against the Tajik weekly Asia Plus and its editor Olga Tutubalina is objectless and ungrounded.
In his statement published on Facebook, Zoirov said that he has thoroughly analyzed the article by Olga Tutubalina, as well as the text of the claimants’ accusation. “This case has gone beyond the limits of a routine lawsuit and now it has political and ideological features”. “It should be noted that Tutubalina only expresses her personal thoughts in the article, which does not contain any words insulting the intelligentsia”.
12 July
Karomatullo Olimov, Academy of Sciences, Dushanbe
“Olga Tutubalina, the author of the article in the Asia Plus weekly, should have considered the culture of the Tajik people and keep in her mind that the western standards differ from the oriental ones”, — Karomatullo Olimov, vice president of the Tajik Academy of Sciences was quoted as saying at a press conference held on 11 July in Dushanbe.
The official also noted that Tutubalina is known in the Tajik society as a journalist who touches upon serious problems in her publications, and people do respect her for that. “However, the insulting of the intelligentsia is not acceptable. Thus, the Academy of Sciences supports the creative unions that took a legal action at the economic court to protect their honor, dignity and business reputation”.
12 July
Asadullo Rakhmonov, chairman, State Broadcasting Committee, Dushanbe
Asadullo Rakhmonov, chairman of the State Broadcasting Committee under the government expressed bewilderment over accusations and allegations regarding his involvement in the public broadcasting of Emomali Rakhmon sun’s wedding party.
The Tajik opposition activist and the founder of the Vatandor movement Dodojon Atovulloev played the video made at the wedding party of Rustami Emomali (the son of the Tajik president).
We did not have such a video in our archive. You are all professional journalists, and you should get information from reliable sources”, — said Asadullo Rakhmonov. He also deflated the rumor about interrogations of his staff at the National Security Committee.
Commenting on the regular jamming of the K Plus TV channel, which broadcasts from the territory of Kazakhstan, the official said that the government of Tajikistan has nothing to do with that.
12 July
Mekhmon Bakhti, chairman, the Union of Writers, Dushanbe
“Our claim against Olga Tutubalina do not imply limitation of the freedom of speech during the election campaign”, — Mekhmon Bakhti, chairman of the Tajik Union of Writers was quoted as saying by the Asia Plus weekly.
The official added that the author of the article published in a popular independent weekly has distorted the words of Vladimir Lenin, and – in his opinion – the author dislikes the nation of Tajiks. He also said that the lawsuit against Tutubalina and the Asia Plus is a joint initiative of the Union of Writers, the Tajik Academy of Sciences and a number of other creative unions.
22 July
Naim Mansurov, chairman, Supreme Economic Court, Dushanbe
Naim Mansurov, chairman of the Supreme Economic Court told the media that the lawsuits related to protection of honor and dignity can be considered by the court if they concern entrepreneurial or economic activities (Asia Plus weekly, #55 (480), 22 July 2013).
However, the judge refused to comment the reasonableness of the lawsuit initiated by the “Tajik intelligentsia” (government-controlled creative unions) against the editor of Asia Plus Olga Tutubalina.
23 July
Ministry of Foreign Affairs, Dushanbe
The Tajik Ministry of Foreign Affairs gave permissions for work to two correspondents of the Sadoi Khuroson Radio.
Abdulfaiz Atoev, head of the Information Department under the Foreign Ministry told Radio Ozodi that the two correspondents of the Iranian radio station Sadoi Khuroson will resume their activities. Three months ago, the Foreign Ministry terminated the accreditation for Ziyoratsho Akhmadov and Aloviddin Kasymov, the two correspondents. The official added that these two journalists submitted improperly filled accreditation application forms and their behavior was provocative. “Now, there won’t be any impediments for their activities”, — Atoev said.
25 July
Mirzoshohrukh Asrori, Minister of Culture, Dushanbe
The Tajik minister of culture Mirzoshohrukh Asrori was quoted by the media as saying that “Olga Tutubalina “has cut it too fat” in her article, having addressed the words of Vladimir Lenin to the Tajik intelligentsia…” However, the minister does not support the lawsuit initiated by the government-controlled creative unions.
“There was no essential necessity to put the law on the journalist. It would have been sufficient to respond to the publication in the media”, — the official said.
2 . Factual situation in the media and the freedom of expression
11 July
NGO Homa, Dushanbe
According to the Najot weekly (#28, 11.07.2013), 68 percent of the population in Tajikistan do not watch the official state television.
These data are taken from a study conducted by the NGTO Homa. Shahlo Akobirova, the chair of the non-governmental organization told the media the audience mainly uses satellite aerials, the Internet and other mass media. The study also says that many entrepreneurs would be willing to create private TV companies, but the Tajik communication authorities create numerous obstacles, mainly related to licensing.
25 July
All media, Dushanbe
The Ebert Foundation, the Asia Plus media group and the NGO Media Consulting conducted a Conference “Problems of the formation of political journalism in Tajikistan”.
Rashid Abdullo, independent political expert, in his presentation at the Conference called the Tajik media “the third political power in the country”. He considers that the Tajik media are rather politicized. “As a political power, the Tajik media are the third after the president and his structures (the first power), and the Islamic Renaissance Party (the second power)”, — he stated. — “The Tajik independent mass media are not only a political power, but also “a political party”; they participate in the formation of political thinking of the masses. The main audience are the citizens longing for better wellbeing”.
31 July
The government Communication Service, Dushanbe
Officials representing the Communication Service under the government stated at a press conference in Dushanbe that the Internet tariffs have been decreasing in the country.
The Communication Service officials said that the tariffs on the Internet have decreased (although insignificantly) compared to the last year, and this trend will continue. “Every Internet provider has his own pricing policy and own tariffication. Most probably, the prices will be going down, but the connection speed will be increased approximately twofold”, — a Communication Service official added.
More than 20 Internet providers are active in Tajikistan at present. The Biggest ones are Babylon, Telecom Technology, and Saturn Online.
According to the Communication Service, 3,8 million residents of Tajikistan have access to the Internet.
3. Journalists protecting their professional rights
1 July
All media, Dushanbe
On 1 July, the Tajik National Association of Independent Mass Media presented a new manual for government bodies’ press secretaries and journalists titled “The power and the media: interaction between public press services and the media”.
This manual was published under support of the Danish NGO International Media Support within the frameworks of the project “Improving access to reliable public information”. While developing the new manual, NANSMIT used and adapted its previous original publications, as well as materials provided by Russian, Kazakh and Tajik counterparts.
5 July
Olga Tutubalina, editor, Asia Plus weekly, Dushanbe
Olga Tutubalina, the editor of the Tajik popular weekly Asia Plus told the media that she is going to appeal against the lawsuit initiated by a group of representatives of the Tajik government-controlled creative unions.
Tutubalina stated that she is going to file a case against Mekhmon Bakhti, the chairman of the Tajik Union of Writers, one of the initiators of the lawsuit against Asia Plus and its editor.
“I have attentively watched all his interviews, and I believe that such original phrases as “She insulted not only the Tajik intelligentsia, but the whole Tajik nation” is a sufficient ground for filing a libel case”, — said Tutubalina. — “And the sentence “there’s a feeling that she dislikes the Tajiks” could be interpreted as incitement of interethnic discord”.
11 July
The Media Council of Tajikistan, Dushanbe
Members of the Media Council of Tajikistan have come to the conclusion that the original article written by Olga Tutubalina contains nothing insulting; neither does it violate any professional or ethical standards.
Kirinshoh Sharifzoda, the head of the Media Council told the media that Tutubalina’s article published in the Asia Plus weekly on 30 May 2013, is an expression of her personal opinion; the publication contains nothing “personally insulting”.
“The Media Council considers that the agiotage around the article is not for the benefit of the society. According to Article 4 of the “Ethical Norms of Journalism in Tajikistan”, an author cannot be persecuted for expressing his/her personal opinion”, — Sharifzoda said. — “Certain ethical norms have been breached in the publications of the author’s opponents”.
In this regard, the Media Council in its statement reminded the Tajik media professionals that journalists should not use the media as a tool for personal contentions.
23 July
The Media Council of Tajikistan, Dushanbe
The Media Council of Tajikistan has commenced the preparation of monthly reports based on the monitoring of ethical standards of journalism. The reports will be regularly published on the Council’s web site www.Odob.tj.
According to Kirinshoh Sharifzoda, the chairman of the Media Council, the project on observance of professional ethical standards in the media is supported by the OSCE office in Tajikistan. The main goal of this project is to promote the principles of self-regulation among the Tajik mass media.
Independent experts will be monitoring more than 40 printing outlets and online resources; after a while, they will develop recommendations for the media to better observe professional ethical standards.
II. VIOLATION OF RIGHTS IN THE MEDIA
1. Freedom of expression
8 July
Olga Tutubalina, editor, Asia Plus weekly, Dushanbe
Representatives of the State Visa and Registration Service paid a visit to the Asia Plus weekly to collect information on Olga Tutubalina, the editor of the periodical. The officials explained that they possess information about Tutubalina who has Russian citizenship and resides in Tajikistan without registration, i.e. illegally.
One of the officials explained that the inspection is conducted after the errand given by the Interior Ministry.
Olga Tutubalina told the NANSMIT monitoring service that the Visa and Registration Service officials are perfectly aware that she resides in Dushanbe – she was born here and has lived here most of the time, and – respectfully – she has all proper documents. At the same time, she has a dual citizenship – Tajik and Russian.
2. Limitation of access to information
5 July
TV Station K Plus
The Central Asia TV Channel K Plus made a statement complaining that its broadcasting signal is being jammed from the territory of Tajikistan. The K Plus broadcasts through the HotBird satellite.
The text of the statement published on the web portal Respublica.kz says that the programs hosting Dodojon Atovullo, the leader of the Vatandor political movement were jammed especially intensively, as well as programs broadcast in Tajik language.
The statement also says that the jamming of the K Plus also affects the whole transponder, i.e. the package of different TV channels broadcasting from Europe and central Asia.
11 July
State television, Dushanbe
The Asia Plus weekly (#52, 11.07.2013) raised an issue of access of political parties to the mass media during the election campaign.
Asia Plus expresses concern over the probable lack of access to the media, mainly to the state TV stations. The publication indicates that the government-controlled TV channels cut off video segments, which depict leaders of the opposition political parties.
According to Saidumar Khusaini, representative of the Islamic Renaissance Party in the tajik parliament, “It is quite obvious that the TV-makers show only the “needful” parliamentarians; the opposition is practically invisible at the parliament sessions screened on TV”.
3. Honor, dignity and business reputation
19 July
Imruz News weekly, Dushanbe
On 19 July, the Economic Court in Dushanbe ruled that an article in the Imruz News weekly is defaming and obliged the newspaper to publish a formal denial and pay a moral compensation to the complainant in the amount of 30 thousand Somoni.
Earlier this year, the Tojiron company approached the Economic Court with a complaint against the Imruz News weekly demanding a moral compensation in the amount of 50 thousand Somoni (more than $10 thousand) for dissemination of information defaming the honor and reputation.
Naziri Nusrat, the editor of Imruz News told the media that his periodical does not agree with the court’s verdict and the newspapers is going to appeal to the Supreme Economic Court.
4. Appeal against the court decision in supervisory procedure
18 July
Imruz News weekly, Dushanbe
On 18 July, the Imruz News weekly appealed to the Presidium of the City Court in Dushanbe against the verdict of the lawsuit initiated by Rustam Khukumov.
In early June, the City Court obliged the newspaper to pay a moral compensation to Rustam Khukumov, the son of a Tajik high-ranking official and relative to the Tajik president in the amount of 50 thousand Somoni as a moral compensation for an article published in Imruz News.
III. CONFLICTS. VIOLATIONS
1. Accusation of extortion and fraud
1 July
Makhmadyusuf Ismoilov, freelance journalist, Khujand, Sughd province
Makhmadyusuf Ismoilov, a freelance journalist from Sughd province is charged with extortion and fraud. Ismoilov’s lawyer presented a complaint to the Sughd Province Court saying that the defendant has two small children and an elderly disabled sister, of whom he has to take care.
In the last three years, Ismoilov has had troubles with the law enforcement agencies. The first time, he was arrested in November 2010, and for the next 11 months, he was under custody on charges of defamation, insult, incitement of ethnic and religious hate and extortion. The court then imposed a fine on him in the amount of 35 thousand Somoni, and barred him from journalistic activities for three years. Later, the cassation court amnestied Ismoilov, and he was released from punishment.
2. Protection of honor, dignity and business reputation, moral compensation
5 July
Olga Tutubalina, editor, Asia Plus weekly
The Asia Plus weekly (#51, 8.07.2013) published an article titled “The intelligentsia has sued Olga Tutubalina”.
Representatives of the government-controlled creative unions filed a lawsuit against the journalist demanding a moral compensation from the author of the article and the newspaper in the amount of 200 thousand Somoni (more than $40 thousand).
The complainants also require to conduct a linguistic expertise and to arrest Tutubalina’s assets and property. The main complainant is the Union of Writers of Tajikistan; the co-complainants are the Tajik Academy of Sciences, the Union of Artists, the union of Composers, the Union of Architects, and certain individuals.
“We consider that the publication in Asia Plus defames business reputation of a big group of people, i.e. the social group comprising individuals involved in intellectual labor, who have specific educational background (engineers, physicians, teachers, lawyers, scientists, workers of arts, public servants)”, — the statement says.
11 July
The Samak newspaper, Dushanbe
The Firdavsi District Count in Dushanbe shelved the complaint of Askar Khakim, the Tajik poet and former chairman of the tajik Union of Writers against the Samak weekly.
Askar Khakim filed a lawsuit against the newspaper demanding a moral compensation in the amount of 150 thousand Somoni ($1 = 4,75 TJS) after a publication in the periodical.
According to Samak’s lawyer Inoyat Inoyatov, the courts usually “shelve” complaints when they do not meet certain legal requirements or when particular documents are missing.
The “shelving” implies that the complainant has a chance to rectify mistakes or to present missing documents.
The lawyer added that the complainant also failed to pay a state fee, which must constitute 7 percent of the required moral compensation amount.
18 July
Olga Tutubalina, editor, Asia Plus weekly, Dushanbe
The Economic Court in Dushanbe dismissed the statement of claim against the editor of the Asia Plus weekly Olga Tutubalina.
The Court arrived at the decision that the dispute between the conflicting parties stands beyond the Economic Court’s competence.