Freedom of Speech in Tajikistan

November 2013

In November 2013, the Monitoring Service received 21 reports. Seven of them describe the factual situation in the media in the light of social, legal and political environment; five reports describe direct violations of rights of media professionals; and nine 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

11 November

Nizom Kosim, parliamentarian, Dushanbe

On 11 November, the Tajik parliamentarian Nizom Kosim told the Asia Plus news agency that “certain representatives of the so-called “intelligentsia” and the “independent mass media” are trying to defame the real national poet of Tajikistan and the master of artistic craft Bozor Sobir – who complimented the president Emomali Rakhmon with his victory at the presidential elections”.

According to the parliamentarian, Bozor Sobir is sincerely confident that Emomali Rakhmon deserves poems to be dedicated to him – since he has made so much for his people and his country.

“I would advise those who fight for democracy and the freedom of speech to be tolerant and restrain from insulting others”, — said Kosim.

29 November

Davlatsho Gulmamadov, acting head of Khatlon province administration, Kurgan-Tube

On 29 November, the new head of administration in Khatlon province Davlatsho Gulmamadov met with managers of the government printing and electronic mass media and journalists.

In the course of the conversation, the official urged the media to establish a closer cooperation with the authorities; he asked journalists to be more objective in their publications.

However, the administration did not invite regional representatives of non-state mass media.

2. Journalists protecting their professional rights

21 November

Nuriddin Karshiboev, chairman of NANSMIT, Dushanbe

On 21 November, Nuriddin Karshiboev, chairman of NANSMIT told Radio Ozodi (Radio Free Europe / Radio Liberty) that he has approached the National Legislation Center under the president’s administration with a request to provide the text of amendments and changes in the laws regulating the Internet in Tajikistan.

The head of NANSMIT considers that prior to be presented to the parliament, such draft laws must be discussed among journalists, media organizations and experts with the purpose of proposals and opinions.

“We have heard about the amendments to be developed, and our representative was assigned to the working group in charge of these issues, but we are not aware about the changes proposed by the National Legislation Center. The media community is also excluded from the process of discussion”, — said Karshiboev.

3 . Factual situation in the media and the freedom of expression

7 November

TV Poytakht, Dushanbe

The municipal TV station Poytakht is planning to replace its broadcasting equipment.

“We have purchased a new transmitter from the Ukrainian manufacturers for $70 thousand. The new transmitter is 6-7 times more powerful compared to the previously used one, which we leased from Teleradiocom, the technical branch of the government Communication Service”, — Abdulkodir Abdukahhor told the media.

17 November

All media, Dushanbe

The Tajik National Association of Independent Mass Media (NANSMIT) held a seminar on the topic of human resource management in the media.

Elena Sattarova, trainer and expert of the consulting company Sattori Group TJ said that the training will help media managers to become more efficient in the area of human resource management.

29 November

All media, Dushanbe

The Tajik National Association of Independent Mass Media (NANSMIT) held a seminar on digital security for journalists to discuss the issues of protection of correspondence, archived files and prevention of unsanctioned access to personal computers.

The seminar was held with the support from the international NGO Reporters Without Borders. Participants learned about the methodologies of online and offline ciphering and anonymization. They also gained skills of installing and working with software ensuring confidentiality and anonymity.

“This initiative is quite important to ensure digital security in the media – since the protection of privacy and the freedom of expression are closely interrelated”, — said Nuriddin Karshiboev, chairman of NANSMIT.

30 November

All media, Dushanbe

On 30 November, the Tajik National Association of Independent Mass Media (NANSMIT) held an international conference in Dushanbe on the topic “Media and security of creative journalism in Central Asia”.

Participants of the conference discussed the issues of the freedom of information and security of creative activities in the media. They also developed a draft appeal to the governments of Central Asia.

The conference was organized as a final event within the framework of the program “Media management and security of creative journalism in Tajikistan” implemented by NANSMIT under support of the Democracy Commission under the US Embassy in Dushanbe and the Danish NGO International Media Support. The Conrad Adenauer Foundation, the OSCE Office in Tajikistan, Reporters Without Borders, the Finnish Media, Communication and Development  Foundation (Vikes), the Tajik branch of the Open Society Institute, and the Institute for War and Peace Reporting (IWPR)  performed the role of partners at the conference.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Access to information

5 November

Communication Service under the government, Dushanbe

The Tajik government Communication Service refuted publications in the media, which said that the head of the agency, Beg Zukhurov gave the errand to local Internet providers to block access to the web site of the Ozodagon news agency and the video hosting YouTube.

The Asia Plus news agency quoted Alibek Beknazarov, head of a unit under the national Internet provider Tajiktelecom as saying that Beg Zukhurov is presently in a business trip. “The statement about a personal order given by Zukhurov is illogical”, — the official said.

Zafar Sufi, director general of the media holding Ozodagon, referring to an anonymous source among the local Internet providers, told the media that access to www.ozodagon.com and to its Russian-language version www.сatoday.оrg was blocked after Zukhurov’s personal errand. Sufi added that the Internet providers received a written documents signed by the head of the Communication Service.

5 November

Asomiddin Atoev, chairman of the National Association of Internet Providers, Dushanbe

“The forthcoming presidential elections in Tajikistan and the foreign interest to this political event have caused limitations in access to the Internet in the country”, Asomiddin Atoev, head of the Tajik National Association of Internet providers told the Asia Plus news agency.

Atoev added that “…by and large, there are no essential problems with access to the Internet throughout the country; but the speed of connection and transmission is low”.

13 November

Temur Varky, TV Safo

Temur Varky, chief editor of TV Safo informed the audience through Facebook that the station resumed satellite broadcasting on Hotbird 13 E 12380 V 27500. He also noted that the TV programs were not available on the territory of Tajikistan since 20 August – the programs were jammed by the Tajik government Communication Service.

28 November

Asia Plus weekly, Dushanbe

The Tajik weekly Asia Plus has been planning to hold an interview with Mr. Zarif Alizoda, the Tajik Ombudsman.

On 28 November, Asia Plus published an article titled “Whom does the Tajik ombudsman protects?” It took quite a while for journalists to arrange an interview; they had sent their questions in written form to Mr. Alizoda. When the ombudsman learned that Asia Plus is going to ask questions about the case of Zaid Saidov (the Tajik entrepreneur who tried to found an opposition political party), Alizoda referred to “the classified character of investigation”, and refused to respond.

A week after the presentation of the UN Human Rights Committee’s recommendations regarding Tajikistan’s National Human Rights Report on the implementation of civil and political rights, Asia Plus tried to contact Mr. Alizoda once again. The answer to the correspondent was the following: “Stop harassing me! What do you think you are? Who do you think you are speaking to? Get out of here! Leave me alone!”

2. Violation of social rights

 

15 November

Jamoliddin Saidov, editor, Subkhidam weekly, Khujand, Sughd province

Jamoliddin Saidov, editor of the Subkhidam weekly told the NANSMIT monitoring service that the social security department in the city of Khujand refused to provide allowance to the family of a young journalist who passed away recently. The officials explained that the journalist worked for a private newspaper; regardless of the fact that the person had three children who have not reached lawful age and cannot take care of themselves, the social security service cannot provide any allowance to families whose members work for non-state enterprises.

III. CONFLICTS, VIOLATIONS OF RIGHTS IN THE MEDIA

1. Accusation of defamation

 

12 November

Olga Tutubalina, editor, Asia Plus weekly, Dushanbe

The Firdavsi district court in Dushanbe continued hearings on the litigation against the Asia Plus weekly and Olga Tutubalina, the editor of this newspaper.

Last summer, five Tajik creative unions and three individuals initiated a civil case against the weekly and its editor accusing her of “defamation of the Tajik intelligentsia”.

Tutubalina published an article criticizing the Tajik poet Bozor Sobir who spent a couple of decades in the United States, but returned recently to support the Tajik president Emomali Rakhmon in his presidential elections campaign. The author also noted in her publication that the Tajik creative unions (closely controlled by the government), the so-called “intelligentsia” have no their own opinion; neither do they have their own social position. As an illustration of her thoughts, Tutubalina quoted Vladimir Lenin, the founder of the Soviet State who wrote in one of his letters to the proletarian writer Maxim Gorky that “…the intelligentsia is the shit of the nation rather than its brain”.

The lawyer of Asia Plus Inoyat Inoyatov stated at the hearings that “Article 30 of the Tajik Constitution guarantees the freedom of speech and expression as well as the right to use the mass media”. “The Law “On printing and other mass media” says that personal opinion of the author expressed in a medium (or in a publication) cannot be seen as an insult or defamation”, — he added.

The court demanded to perform a linguistic expertise of the article’s text. The Asia Plus’s lawyer said that there are only two competent organizations capable of conducting such an expertise – the Committee on Language and Terminology under the government and the Institute of Language, Literature, Oriental Studies and Written Heritage under the Tajik Academy of Sciences. “Both institutions have a rather strong affiliation to the government, and thus, they cannot provide any impartial opinion”, — the lawyer said.

On 13 November, the court gave an errand to the Committee on Language and Terminology under the government to conduct the linguistic expertise of the article.

The lawyer Inoyatov told the media that the court’s decision might have a wrong impact on the defendant. The lawyer also noted that he is ready to appeal to the municipal civil collegiate court.

More details on this case: http://www.eurasianet.org/node/67181

14 November

Imruz News weekly, Dushanbe

The Tajik private weekly Imruz News appealed against the decision of the court obliging the newspaper to pay the amount of 50 thousand Somoni (about $10 thousand) as a moral compensation to Rustam Khukumov, the son of the head of the Tajik railways.

Earlier this year, Imruz News published an article titled “Khukumov and Bakiev are a real headache for their fathers” describing unlawful behavior of the sons of influential public officials and entrepreneurs.

In June 2013, the Dushanbe municipal court rejected Khukumov’s claim against Imruz News, but later, the decision was reconsidered.

26 November

Sangin Gulov, Tajik National University, Dushanbe

Speaking at a conference on “International standards in journalism and professional ethics”, Sangin Gulov, professor of the Tajik National University said that “Olga Tutubalina did not violate the law”. “The issue being discussed in the media lies in the area of ethical norms. Although, she did not violate any ethical standards ether – she only quoted Vladimir Lenin to support her own opinion”, — he added.

2. Accusation of fraud

 

26 November

Makhmadyusuf Ismoilov, freelance journalist, Asht district, Sughd province

On 27 November, the Sughd province court held a hearing on the cassation from Makhmadyusuf Ismoilov, freelance journalist who was accused of fraud and other crimes and sentenced to 11 years in prison.

Sadriddin Saidov, Ismoilov’s lawyer told the media that the verdict of the judge was based on ungrounded allegations.

Ismoilov was accused of repeated extortion and abuse of power. The court dismissed the complaint.

 

Dushanbe,Tajikistan, 28 and 29 November 2013 – At a workshop 20 journalists from print and electronic media learned how to protect the communication with their sources from surveillance and interception. Читать далее NANSMIT fosters digital security for journalists →

Acourt in the southern Russian city of Rostov-on-Don has sentenced a local journalist to 18 months in jail for insulting a local judge in his blog. 

Sergei Reznik was found guilty on November 26 of «publicly insulting» the chairwoman of the Rostov Oblast Arbitration Court on his LiveJournal blog. The court also found Reznik guilty of paying a 2,000-ruble ($45) bribe to a mechanic to clear his car in a technical inspection.

Furthermore, the court declared Reznik’s claims that he received threatening phone calls a false complaint, and agreed with prosecutors that he had arranged the calls himself.

Reznik initially filed two police complaints of receiving threats of physical violence over the phone. But the local branch of the Investigative Committee instead began proceedings against him, accusing him of  «wishing to draw public and media attention to his personality» and «seeking to raise his professional rating.»

The investigators said he had asked two acquaintances to make the threatening calls, though the two people who testified to doing so were actually people Reznik had been in conflict with, he told the Glasnost Defense Fund.

Reznik, who is a correspondent with the «Yuzhny federalny» newspaper known for his critical reporting on city officials, pleaded not guilty and said the case against him was connected with his journalistic activities.

The court ordered Reznik taken into custody in the courtroom. There are still two other charges pending against him.

Threats Of Violence Realized

On the evening of October 22, Reznik survived an attack by two men who beat him with a baseball bat and shot him with a trauma pistol before disappearing.

«I turned around and saw a lean man catching up with us and raising a baseball bat over Sergei’s head,» Natalya Reznik told Glasnost. «My husband dodged and took the first blow on the side of his neck. After he fell down, the assailant started kicking away at him, not giving him a chance to rise. I cried out for help, and then I heard the sound of a gunshot.»

The police began criminal proceedings, though they wouldn’t comment on the likely motives. Reznik connected the assault with his professional work.

Organization for Security and Cooperation in Office Representative on Freedom of the Media Dunja Mijatovic expressed deep concern on October 24. «Attacks like these are simply unacceptable. I trust that the authorities will conduct a thorough and swift investigation of this case and bring those responsible to justice,» Mijatovic said.

The International Federation of Journalists and the European Federation of Journalists (EFJ) also condemned the attack. «The beating of journalists has sadly been a practice in many Russian regions for many years,» EFJ Vice President Nadezda Azhgikhina said. «It is one of the worst forms of censorship, and it often ends with impunity.»

— RFE/RL’s Russian Service

http://www.rferl.org/content/russia-journalist-jailed-insults/25181128.html

Kazakh lawmakers say the country’s new law on Personal Data Protection will protect citizens’ privacy. 

But journalists are expressing concerns that the legislation, which could prevent even the publication of people’s full names, could restrict their ability to access and report information and even land them in legal trouble.

The new law, which went into effect on November 25, applies to the public sector, legal entities, and individuals. It introduces new regulations to protect personal data and stipulates hefty penalties for violations.

Almaty-based journalist Inga Imanbai describes the law as a serious obstacle, and predicts that «the number of lawsuits will rise against independent media outlets.»

«When you write an article about government officials abusing their power, you have to prove it by providing information about the officials and their family members’ bank accounts and properties,» Imanbai says. «However, under the new law this information is considered personal data.»

According to the new law, individuals must give their consent to the collection, use, and distribution of their personal data. Any unauthorized collection or distribution of personal data could result in criminal charges punishable by up to five years’ imprisonment.

Kazakh media lawyer Gulmira Birzhanova says the law is not «entirely clear,» and could result in journalists being prosecuted for publishing a person’s full name.

‘Greater Transparency’

Birzhanova says that unlike similar laws in Russia and Ukraine, Kazakhstan’s law does not make a distinction between public figures and private individuals.

«There were cases in Ukraine and Russia where such laws were used to take journalists to court,» Birzhanova said. «However, the courts decided in favor of the journalists, saying a public person and state authorities can’t have personal-data [protection].»

Supporters deny that the law is intended to restrict media activities.

Lawmaker Ramazan Sarpekov says that if journalists can document what they publish, it would not be considered a violation of the law.

Sarpekov says the purpose of the law is to protect people’s rights, reputations, and interests.

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«All information about a person’s biography, starting from their date of birth to their date of death, is considered personal data, and shouldn’t be published without their consent,» Sarpekov said.

Sarpekov says many people «would not want others to know that they were adopted, divorced, or accidentally put under criminal investigation.»

Sasha Zernova, a human-rights lawyer from the Britain-based CIS Working Group, says the Kazakh law is generally in line with globally accepted norms and provides greater transparency.

However, Zernova says, «some provisions of the law cause concern, including the vague legal language used, and the regime of exception, which are not strictly in compliance with international standards.»

Most concerning, she adds, are the lack of monitoring and enforcement procedures and the powerful role of the ombudsman in implementing the law.

Written by Farangis Najibullah, based on reporting by RFE/RL Kazakh Service correspondent Makpal Mukankyzy

http://www.rferl.org/content/kazakh-data-protection-law/25179583.html

Experienced investigative journalists can apply for yearlong fellowships.

The Lab at the Edmond J. Safra Center for Ethics at Harvard University is offering fellowships in residence in Cambridge to produce monographs about targeted institutions.

Such institutions can be either public or private, and if private, then either for-profit or not-for-profit. They include public health institutions, the financial services industry, the elected state judiciary, media (public and private) and Congress.

The ideal candidate will have a minimum of five years of investigative reporting experience. The salary is commensurate with experience. Health benefits will be provided. International fellows will be assisted with visas.

Applicants must submit application materials online, two letters of reference, a CV, a comprehensive project budget, a proposal describing the institution planned to be covered, and any relevant experience with that institution.

The deadline is Jan. 1.

For more information, click here: http://www.ethics.harvard.edu/images/resources/pdfs/call4investigativejournalists.pdf

Authors of essays in Spanish or books in any language other than Spanish or Catalan can participate in this contest.

The Fundación Palau and Galaxia Gutenberg are hosting the Josep Palau i Fabre International Essay Prize.

Categories include untranslated text and original text.

The untranslated text category accepts books that have been published outside of Spain during the last three years and that are originally written in any language but Catalan or Spanish. Writers can participate only if the work has not been translated into these languages before.

The original text category accepts essays written in Catalan or Spanish, with a humanistic, creative approach rather than academic to any discipline (philosophical essay, sociological, historical, literary, political and aesthetic).

Winners in each category will receive EUR5,000 (about US$6,750).

The deadline is Nov. 30.

For more information, in Spanish, click here: http://www.galaxiagutenberg.com/media/84804/v_premi0_internacional_de_ensayo_josep_palau_i_fabre.pdf

Journalists interested in covering religion can submit project proposals for a reporting fellowship.

The International Center for Journalists (ICFJ) is offering Luce Overseas Religion Reporting fellowships for U.S. and international journalists. ICFJ is seeking project proposals for the second round of its two-year program.

The program is designed to improve U.S. and global reporting on social issues related to religion and educate the American public about the role and nature of religion in cultural, political and economic realms.

Applicants must submit a preliminary project proposal of no more than 800 words outlining a research, reporting or writing assignment to be undertaken within approximately a four-month period.

Since the goal of the program is to produce published or broadcast stories, applicants should explain their expectations for how and when their stories or commentaries will appear. Applicants should also explain how they plan to advance the story (in quality, number of readers/listeners/viewers, or impact).

ICFJ will cover the flight for participants’ reporting, meals and a modest professional allowance. A mentor will be offered as they develop their story.

The deadline is Dec. 6.

For more information, click here: http://www.icfj.org/project-proposal-guidelines-1

PRAGUE — Radio Free Europe/Radio Liberty has been targeted in an Internet attack known as a distributed denial of service (DDoS). 

The attack has disrupted RFE/RL’s global multimedia news and information services intermittently since November 14.

Nonetheless, its computer network was working on November 18 and broadcasts have continued normally.

The attack has not prevented the public from accessing RFE/RL’s web pages.

But it has slowed the ability of RFE/RL’s broadcasting services to upload fresh news stories, photographs, and video to the Internet.

RFE/RL President Kevin Klose said information is still being gathered about the attack, but he confirmed that it is believed to be «targeted.»

Klose said a decision was taken on November 18 to report on the attack in response to the needs of the broadcasters’ audiences, «who rely on RFE/RL reporting, and who themselves contend with countless obstacles to connect with us every day.»

RFE/RL’s content-management system also supports Voice of America, Middle East Broadcasting, and the Office of Cuba Broadcasting.

Those U.S. international media networks also have been adversely affected by the attacks but continue to operate.

Klose described the attack as «stark evidence of the challenges that confront the free dissemination and exchange of information in this age.»

A DDoS attack floods the target with fake requests that come from thousands or even millions of computers that have been compromised or infected with viruses or malware.

RFE/RL experienced a more limited DDoS attack against its Belarusian language service in 2008.

RFE/RL Director of Technology Luke Springer said the latest attack was discovered on November 14 when hardware for the international media organization’s computer network began receiving many times more requests than normal.

At the peak of the attack, the RFE/RL network was receiving requests for data from hundreds of thousands of computers every second.

Springer said that means there are probably more than 1 million malware-infected computers being directed by the attackers — most likely without the knowledge of the computer owners.

Technical investigations show that nearly 80 percent of the computers sending out requests for data as part of the DDoS attack are in China and nearly 20 percent are in Russia.

But Springer said those findings do not indicate who is responsible for the attack.

Attempts to make technical changes that counter the attack have temporarily alleviated the problem. But Springer said the attackers also have been changing their methods, allowing them to continue disrupting services intermittently.

Springer said the DDoS attack has not damaged RFE/RL’s network equipment. But he says that «filling up the Internet pipeline with so many bogus requests has caused a traffic jam.»

RFE/RL is a private, nonprofit organization funded by a grant from the U.S. Congress.

U.S. DEPARTMENT OF STATE

Office of the Spokesperson

For Immediate Release                                                                                                                                                                                                                                                                                                                    

November 7, 2013

2013/1360

 

STATEMENT BY JEN PSAKI, SPOKESPERSON

 

Presidential Election in Tajikistan

The United States concurs with the preliminary assessment of the election released in Dushanbe by the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) Election Observation Mission.  While the election was peaceful, restrictive candidate-registration requirements resulted in a lack of pluralism and genuine choice.  Family, proxy, and multiple voting were also prevalent.   These are areas that have been identified for improvement in previous elections, and we call on the Tajik government to immediately address these serious shortcomings.  The United States is pleased that international organizations were allowed to participate as observers throughout the country.

 

Moving forward, we also call on the Tajik government to reform its legal framework in accordance with OSCE/ODIHR recommendations, and open up greater access to media to allow for a free, fair, and competitive platform for candidates.

 

Tajikistan has come a long way since the end of a brutal civil war.  We welcome the progress Tajikistan has made in improving its electoral process, but there is still a long way to go.  True democracy is about more than an Election Day.  We urge the Tajik government to begin working now to strengthen political pluralism, allow true opposition parties to operate, and expand operating space for independent media and civil society groups.

Print, broadcast or online journalists with five or more years of experience can apply for this fellowship.

The Kiplinger Program in Public Affairs Journalism offers short-term fellowships to help make better use of new online tools and channels. The fellowship runs April 6-11 at Ohio State University in Columbus.

Fellows will spend a week of training designed to fit journalists’ needs. They will explore creative uses of social media, investigative reporting, public affairs reporting, online data tools and ethical issues that come with social media.

The Kiplinger Foundation covers the costs of the training, lodging, most meals and a travel stipend.

Candidates must send a bio (maximum of 150 words), a short explanation of how the fellowship would benefit them and their newsroom (maximum of 200 words), two references contacts, and Web links to three recent stories. If your work requires that you write in a language other than English, you must provide originals and English translations.

The deadline is Nov. 30.

For more information, click here: http://www.kiplingerprogram.org/kiplinger_program/faq.html