Freedom of Speech in Tajikistan

December 2013

In December 2013, the Monitoring Service received 32 reports. Fifteen of them describe the factual situation in the media in the light of social, legal and political environment; fifteen 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 ENVIRONMENT DEFINING THE FACTUAL SITUATION IN THE MEDIA

1. Statements and actions of public officials defining the factual status of the mass media

26 December

Dunja Mijatovic, the OSCE Representative on Freedom of the Media, Vienna, Austria

The OSCE Representative on Freedom of the Media Ms. Dunja Mijatovic expressed concern over the arrest of Abdurakhim Shukurov, the cameraman of the Ozodagon news agency in Tajikistan.

“It is especially alarming that Shukurov was taken out of the other people being present [at the public demonstration] and arrested, although it was clear that he was on duty as a journalist. I am afraid that this case is an attempt of the law enforcement agencies to discourage other journalists from covering the legal procedure”.

On behalf of OSCE, Mijatovic called on the Tajik law enforcement agencies to immediately release the Ozodagon cameraman.

27 December

Ramazon Rakhimov, minister of interior, Dushanbe

The minister of interior Ramazon Rakhimov received a request from leaders of the Tajik media organizations who asked the public official of a meeting. The minister responded that he is ready to hold a meeting in January 2014.

Heads of media organizations expressed concern over the arrest of Abdurakhim Shukurov, the cameraman of the Ozodagon news agency, as well as over other serious issues related to the freedom of expression.

2. Factual situation in the media and the freedom of speech

6 December

Asia Plus weekly, Dushanbe

The Asia Plus weekly is acknowledged as the best Tajik newspaper of 2013. Olga Tutubalina, the editor of Asia Plus received the award “best journalist of the year”.

These achievements are registered by the Statistical Research Center “Zerkalo”, which conducted an opinion poll among experts – editors of the leading Tajik media and representatives of non-governmental organizations.

10 December

All media, Dushanbe

“In 2013, the NANSMIT monitoring service registered 10 lawsuits against the media in Tajikistan; three of them are considered as politically grounded”, — Nuriddin Karshiboev, chairman of NANSMIT was quoted as saying by Radio Ozodi (Tajik service of Radio Free Europe / Radio Liberty).

Karshiboev voice these figures at the international conference “Media and safety of journalism in Central Asia” held in Dushanbe on 30 November 2013.

Karshiboev stated that the case of Makhmadyusuf Ismoilov, lawsuits against the Asia Plus weekly and its editor Olga Tutubalina, the complaint of the former chairman of the union of writers Askar Khakim against the Samak weekly, and other cases have political reasons behind them on the eve of the presidential elections.

“The major purpose of these moves was to distract attention of the media community from important political developments in the country. The “organizers” have partially achieved their goal – since the disputes around the media involved in litigations have affected the image of these media.

The chairman of NANSMIT advised the journalists involved in media investigations to double-check information they acquire – to avoid complaints from public officials.

18 December

Reporters Without Borders, Paris

The Paris-based organization Reporters Without Borders (RSF) presented its traditional annual report on the freedom of the media in 2013. The document, inter alia, says that the number of abducted journalists has doubled, and the number of journalists killed I the line of duty has slightly decreased compared to 2012.

According to RSF, 87 journalists and bloggers were kidnapped in 2013 (compared to 38 in 2012); 71 journalists and 39 bloggers were killed (compared to 88 and 47 respectively in 2012). It should be noted that the year of 2012 hit the all-time high for the period from 1995 (when RSF published its first annual report) in terms of the killed journalists.

The RSF report says that in 2013, 178 journalists were held in prison in different countries. Among the worst “leaders”, RSF names China, Eritrea, Turkey, Iran and Syria. The number of attacks and intimidations of journalists has increased by 9 percent compared to the previous year (RSF registered 2,160 cases).

“The profession of journalist has not become any safer. The most dangerous place for media professionals in 2013 was Syria – 10 journalists and 35 bloggers were killed in that country”, — the RSF press secretary Astrid Frohloff said. — “Among the countries where journalists don’t feel safe are India, Philippines, Somali and Pakistan.

30 December

Committee to Protect Journalists, NYC

According to the Ney-York-based organization Committee to protect Journalists (CPJ), not less than 70 journalists were killed in the line of duty in 2013; two journalists were killed in Russia.

According to Robert Mahoni, the CJF deputy director, the countries of Middle East have become a “battle field” for media professionals. Twenty nine journalists were killed in Syria, and 10 in Iraq. Three out of the six journalists killed in Egypt were victims of clashes between the public and the police during street demonstrations in August 2013.

Russia is mentioned in the CPJ report as a country were unlawful measures were taken by the law enforcement countries against the journalists investigating cases of corruption, drug trafficking and other dangerous topics.

31 December

All media

At a government meeting chaired by the president Emomali Rakhmon, a decision was made to create the National Mass Media Academy.

According to the Asia Plus news agency, the president launched this idea on 10 March 2012, speaking at the conference on the occasion of the 100-th anniversary of the Tajik national press. Emomali Rakhmon gave the errand to relevant ministries and agencies to prepare relevant documents to facilitate the establishment of the new media institution.

3. Journalists protecting their professional rights

3 December

All media, Dushanbe

The Independent Human Rights center held a two-day seminar “Legal guarantees of access to information” in Dushanbe.

The seminar was attended by representatives of the national coalition of NGOs against tortures in Tajikistan, legal experts, lawyers and media professionals. They discussed the issues of access to publically important information in accordance with international and national standards.

According to Shoira Davlatova, project coordinator, 25 participants from Dushanbe, Khatlon, Sughd and GBAO took part in discussions at the seminar.

26 December

All media, Dushanbe

Heads of the Tajik media organizations issued a joint statement condemning the arrest of Abdurakhim Shukurov, the journalist of the Ozodagon news agency.

“It is especially alarming that such a behavior of law enforcement officers has become routine”, — the statement says.

Shukurov was detained by the police on 25 December when he was filming the incident near the detention center in Dushanbe where people gathered to support Zaid Saidov, the Tajik entrepreneur and the founder of the political party New Tajikistan. Saidov was charged on numerous alleged crimes.

Shukurov told his colleagues-journalists that he was beaten at the police station. He was held for seven days in custody for “public order disturbance”.

On 26 December, a group of media managers sent a request to the minister of interior asking him to organize a meeting and discuss the recent arrest of Ozodagon’s journalist, as well as other incidents and unlawful actions of the law enforcement agencies.

Journalists and media organizations in Sughd province also expressed concern over the arrest of Abdurakhim Shukurov and condemned the actions of the police. At a meeting on 27 December in Khujand, the Sughd journalists suggested the Ozodagon news agency to file a lawsuit against the Ministry of Interior and demand a moral compensation for the incident.

II. VIOLATION OF RIGHTS

2. Unlawful limitation of access to information

6 December

News agency Ozodagon, Dushanbe

Access to the web site of the Ozodagon news agency – www.ozodagon.tj – is frequently blocked by local Internet providers (Beeline, Tajnet, TK Mobile, TojNet, Istera, Telecomm Technology).

Ozodagon’s technical administrator Kayumarsi Ato told the NANSMIT monitoring service that the web site frequently experiences hackers’ attacks.

Managers of Ozodagon repeatedly approached the government-controlled State Communication Service asking about the reasons for the limited access to the web site, but the questions remain unanswered.

2. Denial of access to publically important information

9 December

faraj.tj, Farazh weekly, Dushanbe

The Farazh weekly approached the Ministry of Foreign Affairs with a question about the reasons behind the recent dismissal of Kozidavlat Koimdodov from the position of advisor to the CIS Economic Court in Minsk, Republic of Belarus.

The Foreign Ministry refused to provide comments referring Farazh to the Economic Court of Tajikistan. The Court, in turn, stated that this issue is not under its competence.

12 December

Radio Khatlon, Kurgan-Tube, Khatlon province

Nargis Kasymova, correspondent of Radio Khatlon in the city of Kurgan-Tube approached Marifat Zaripova, head of the Women’s and Family Affairs Committee in Khatlon province with a request for information about social issues. The official demanded a written request signed by the journalist’s supervisor.

Kasymova told the NANSMIT monitoring service that she repeatedly approached Ms. Zaripova, but her requests and questions remained unanswered.

15 December

Khatlon weekly, Kurgan-Tube, Khatlon province

Asalmo Safarova, editor of the Khatlon weekly told the NANSMIT monitoring service about the complaints of journalists who cannot receive information about the activities of the province Education Department.

The editor also noted that the Education Department, the affiliate of the national Ministry of Education failed to conduct its annual press conference in 2013.

25 December

NANSMIT, Dushanbe

The Tajik National Association of Independent Mass Media approached the National Legislation Center under the President’s administration with a request to provide copies of final recommendations and suggestions on the introduction of amendments in the laws regulating the Internet communication in the country.

On 6 December, NANSMIT repeatedly approached the National Center with a request to provide the draft Internet law.

On 25 December, NANSMIT received an official response signed by the deputy director of the Center, Mr. Bakhriddinov. The letter says that “the working group under the Center is continuing the development of the draft law”. In a conversation with NANSMIT, Umrillo Melikov, head of the Center’s unit noted that the documents being developed should be discussed and agreed upon with relevant government agencies, and only after that, the draft law will be presented to the public for further discussions.

3. Freedom of expression

10 December

All media, Dushanbe

Twenty women burst into the office of the Social-democratic Party of Tajikistan (SDPT) during a press conference.

The women started accusing Rakhmatillo Zoirov, the chairman of SDPT of destabilizing the situation in the country and the relation of the Party to the recent public commotion in the city of Khorog, the administrative center of Gorno-Badakhshan Autonomous Oblast (GBAO).

According to the Ozodagon news agency, the women applied to the journalists asking them to ignore Zoirov’s statements.

Zoirov intended to inform the media about his recent trip to the Ukraine and the so-called Euro-Maidan developments. The chairman of SDPT tried to calm down the women; however, the press conference was broken. Journalists were informed that the press conference can be held at another time; and Mr. Zoirov welcomed the media to get in touch with him by я на этоthe telephone if they so desire.

4. Unlawful arrest and beating

25 December

Abdurakhim Shukurov, Ozodagon news agency, Dushanbe

On 25 December, the police arrested Abdurakhim Shukurov, the cameraman of the Ozodagon news agency.

Later, Shukurov told his colleagues from Ozodagon that the police officers were beating him; it was quite obvious – they had witnessed traces of beating on his face.

Shukurov also told his colleagues that the Ismoili Somoni district police officers promised to deliver him to the forensic laboratory – for medical examination – but they did not keep their promise. Eventually, Shukurov received 7 days in custody – allegedly, the journalist was charged for “disturbance of public order”.

On 26 December, commenting on the incident, the deputy chairman of the Ismoili District court in Dushanbe, Temur Khafizov told the Ozodagon news agency that the police has no right to keep a citizen under custody for seven days not having a valid court verdict.

“An individual can be detained only for three days for disturbance of public order”, — he added. The court’s secretariat also confirmed that Shukurov’s arrest was not documentarily registered.

On 26 December, the court’s cassation board ruled to replace the arrest with a fine in the amount of 320 Somoni (about $65).

The Ozodagon journalists expressed concern over the fact that the Ismoili Somoni court’s session was held at night, and the defendant was not provided with a lawyer.

After the release, Shukurov stated that he does not admit the guilt, and he was arrested while performing his professional duties. He added that his rights were violated and he was beaten by the police officers.

The court’s verdict says that Shukurov was found guilty of disturbance of public order. “…by previous concert, he joined the group of Zaid Saidov’s relatives; he was filming [the protest], and disobeyed orders of the police”, — the verdict says.

III. CONFLICTS, VIOLATIONS

1. Extortion and fraud

10 December

Makhmadyusuf Ismoilov, freelance journalist, Sughd province)

The lawyer of Makhmadyusuf Ismoilov sent a complaint regarding the verdict of the Sughd province court issued on 28 October.

The Sughd court sentences Ismoilov to 11 years in prison for alleged extortion and fraud. The judicial defense stated repeatedly that the accusations against the defendant are fabricated. Ismoilov criticized the province administration in his publications accusing officials of corruption and fraud.

2. Protection of honor, dignity and business reputation, moral compensation

12 December

Mamadsho Ilolov, former president of the Academy of Sciences, Dushanbe

The former president of the Tajik Academy of Sciences Mamadsho Ilolov, on the day of his resignation, told the Faraj news agency www.faraj.tj that he is not going to renounce his claim against the Asia Plus weekly and its editor Olga Tutubalina.

“Although I did not participate in court hearings, I will keep struggling with Asia Plus and will try to prove the existence of the Tajik intelligentsia”. He added that he is not going to attend the court hearings. “We have our lawyer who speaks on behalf of the Academy of Sciences”, — he was quoted as saying.

Last summer, the Academy of Sciences, five government-controlled creative unions and three individuals filed a lawsuit against the weekly and its editor demanding a penalty in the amount of 200 thousand Somoni as compensation for moral damage. In her article, Olga Tutubalina criticized representatives of the Tajik creative unions for the absence of their civil opinion and excessive subservience before the president Emomali Rakhmon.

Additional information on this case is available in the following publication: http://eurasianet.org/node/67986

DUSHANBE — Tajikistan’s national bank has denied any cooperation with an Iranian businessman blacklisted by the United States.

A bank spokesman, Abdugaffor Kurbonov, told RFE/RL on December 30 that a document presented by Iranian businessman Babak Morteza Zanjani to the Iranian parliament that purported to establish such a connection is fake.

Last week, a group of Iranian lawmakers also expressed doubts regarding the authenticity of the document, which allegedly showed that $2 billion had been transferred to Iran’s Oil Ministry from the Tajik National Bank.

In April, the U.S. Treasury Department accused Zanjani of operating a network of front companies to help Iran access oil revenues in violation of U.S. sanctions.

The department said the network moved billions of dollars, including tens of millions to a company controlled by Iran’s elite Islamic Revolutionary Guards Corps (IRGC).

December 25, 2013

A Tajik cameraman was released on December 26 after being detained for a day following protests by local media organizations. 

Abdurahim Shukurov, who works for independent news website, Ozodagon, was beaten by policemen and arrested on December 25 while filming outside a courtroom, where a leading opposition figure was being sentenced to a lengthy prison term.

RFE/RL’s Tajik Service reports that Shukurov had initially been placed under arrest for seven days.

Police also briefly detained several relatives and supporters of the jailed opposition figure and businessman Zayd Saidov.

They were later released after paying fines.

Saidov was sentenced to 26 years in prison on charges, including financial fraud, polygamy, and sexual relations with a minor.

He denies the charges and says they are politically motivated.

— RFE/RL’s Tajik Service

December 12, 2013

The current regime has not brought prosperity to the Tajiks, but stability has guaranteed its longevity.

Emomali Rakhmon, the leader of Tajikistan, the poorest of the former Soviet Republics, won yet another seven-year term last November. That was not a surprise for anyone.

Rakhmon came to power in 1992 as the leader of the popular front countering the Islamist opposition. Legitimately, he became the president in 1994. In 1999, he won for the second time and then again in 2003 and 2006. Before each election he would conveniently clear the electoral field of any serious opponents.

The question going forward then is: What are the factors which make Rakhmon the Tajiks’ only political choice?

Repressive measures are not the only explanation for the survival of his presidency. Despite the economic and social decay that the cronyism and mismanagement of his presidency has led to, the prospect of instability is too dangerous for the population to demand a regime change.

A migrant nation

Nepotism and cronyism are flourishing in the Tajik system of power. Rakhmon’s relatives and his countrymen occupy key positions in the government. Although the industrial growth is insignificant in the country, his family remains rich, controlling all essential economic areas and the import of goods. Regardless of any legal changes meant to create better conditions for domestic businesses, the clans create neither opportunities nor incentives for entrepreneurs. While Tajikistan’s powerful keep enriching themselves, the gap between the rich and the poor keeps growing.

And the poor in Tajikistan, indeed, find it hard to make ends meet. The regime is following recommendations of international financial institutions, which forecast the macroeconomic growth at the level of 6-7 percent per year. However, such «growth» might seem good on paper, but the inflation (which stands at 6.5-7 percent) and dormant domestic industry make it hard for ordinary Tajiks to feel it. The volume of imports is twice higher than exports, while the unemployment remains at least 10 times the levels of 2.6 percent which the government reports.

The bleak economic prospects at home send many Tajiks outside the country to look for employment. In fact, Tajikistan is the indisputable leader in terms of the number of labour migrants per capita: 1.5 million out of the 7.5-million population work abroad. According to the World Bank, Tajikistan is also a global leader in terms of remittances, which constitute 47 percent of the national GDP (data from 2011).

These numbers are so shocking that the authorities have prohibited commercial banks from revealing data on foreign transfers. After all, the regime wants to present itself in a better light in the eyes of international donors and development organisations.

At the same time, education and health care have been completely neglected. The most prestigious professions in Soviet times (doctors and educators) have become infamous for their low pay. The average monthly salary of a school teacher, a university professor, or a physician ($70 — $150) is far beyond the average living standard. The Tajik non-state media has also reported on corruption in universities where students often have to pay bribes to pass exams. Medical care is not free either; unofficial payments from patients to doctors and nurses have long become the norm.

The situation in the area of human rights and the freedom of expression is not any better either. There is an obvious and alarming process of «turkmenisation» of Tajikistan (Turkmenistan is the most authoritarian state in Central Asia), as public officials and the government media have increased their obsequiousness and adoration of the nation’s leader. Torture remains an instrument within the police and prison systems to extract confessions from defendants. Very seldom, the authorities grant access to places of detention for international observers (such as ICRC) and local NGOs. The Tajik authorities have also tighten restrictions on religious freedoms.

The Tajik non-state media are pretty strong, and criticism of the authorities is quite vocal, but the regime disregards such publications and sometimes resorts to clampdown on media outlets and beatings of journalists. Quite frequently the government communication agency orders domestic Internet providers to block access to certain news portals and social networks, such as Facebook.

Rakhmon’s trump card

Although Rakhmon has neglected his people’s prosperity, his presidency has at least provided them with relative stability and has ensured the support of Russia and the West. The president is by far not an amateur. The former chairman of a collective farm, he has gone through all stages of governance in the harshest years of challenges and hardships. Rakhmon is quite charismatic, and he knows how to speak with those he depends on (Russia, the US, and the EU).

He has been quite adept at handling Russia and recently struck a profitable deal over the long-term presence of the Russian military base on the Tajik territory. He kept bargaining with Moscow, demanding essential economic privileges, exemption from taxes on the Russian oil products, as well as big investments in Tajikistan’s economy (the hydropower sector in particular). After long delays and certain diplomatic scandals, the Russian military base agreement was ratified — right on the eve of the presidential elections.

Rakhmon remains on good terms with the US and Europe. The Western powers are interested in keeping their presence in Tajikistan because of its geopolitical strategic importance and natural resources. The forthcoming withdrawal of the coalition troops from Afghanistan forces foreign diplomats to turn a blind eye on numerous human rights violations in Tajikistan. Western diplomats also «do not notice» high-profile economic crimes committed by Tajik high-ranking officials — namely, embezzlement and misuse of huge loans and grants provided to Tajikistan by the international financial institutions. Tajikistan’s territory and the air space (potentially or expectedly) will be used during the exodus of the Western military alliance from Afghanistan.

Rakhmon holds the key to the alignment of Russian, American and European interests in his country: stability. The proximity to Afghanistan and a long common border (1,400 km) makes Tajikistan prone to a whole lot of troubles: from drug trafficking to potential aggression from Islamist groups. The latter is the subject of constant controversial allegations and speculations among political experts and geopolitical strategists in the country. In 2005, the Russian border guards left the Tajik-Afghan border. Despite the logistical assistance and training being provided by the US and the EU, the border remains largely porous.

At the same time, Tajiks still bear recent memories of the destructive civil war which took the lives of some100,000 people. Although Rakhmon signed a peace treaty with the opposition in Moscow in 1997, civil war scars remain. Just last year the region of Gorno-Badakhshan witnessed clashes between the government forces and armed groups which led to the death at least 70 people. The regime has long feared instability in Afghanistan spilling over through the border into the restive region. With the upcoming withdrawal of the US and its allies from Afghanistan, this danger is ever more real.

A regime change or an inexperienced president can easily let this situation slip out of control. For many Tajiks, who already suffer under the dire economic conditions and limited prospects, Rakhmon’s authoritarian rule is preferred to another civil conflict. Relative stability is better than a dubious future.

Konstantin Parshin is a journalist based in Dushanbe, a media expert, and a member of the National Association of Independent Mass Media, Tajikistan (NANSMIT).

Uzbekistan’s most popular weekly newspaper, «Darakchi» (Messenger), is under investigation for tax evasion. 

The newspaper is owned by a close associate of presidential daughter Gulnara Karimova.

Some of the newspaper’s journalists told RFE/RL on December 11 that they were forced to take vacations and were advised to start looking for new jobs.

Business owners say they have been informed that their ads will stop being printed in the newspaper and that their money will not be returned as the newspaper’s bank accounts have been frozen.

The weekly’s owner, Uzbek media tycoon Firdavs Abduholiqov, has reportedly fled the country. His current whereabouts is unknown.

Karimova announced earlier on Twitter that many of her associates had been arrested and that her media holding company was being investigated for bribe-taking.

http://www.rferl.org/content/uzbekistan-newspaper-investigated-karimova/25197194.html

The media watchdog group Reporters Without Borders (RSF) has condemned «outrageous and clearly illegal» attacks on the offices of three opposition mass media outlets in Kyiv. 

In its December 10 statement, RSF said that «the raids on the offices of the newspaper ‘Vechirni Visti,’ the online TV station INTV, and the news website Cenzor.net were serious violations of the freedom of information and Ukraine’s constitutional guarantees.»

RSF urged a complete investigation and said that if the Ukrainian Special Forces were responsible, «the competent authorities must explain their actions and be held accountable.»

Cenzore.net’s editor, Yuriy Butusov, told RFE/RL that late on December 9 unidentified armed and masked people raided the offices of the three media outlets and removed all servers and databases.

The three mass media outlets belong to representatives of the opposition Batkivshchyna (Fatherland) party.

http://www.rferl.org/content/media-ukraine-raids-police-protests/25195750.html

KYIV — About 50 protesters are picketing the building of Kyiv’s Court of Appeals, where hearings are being held into the appeal of a journalist detained in connection with recent political protests. 

The protesters are chanting, «Freedom to political prisoners!»

Journalist Valeriy Harahuts is one of several people arrested for allegedly organizing antigovernment protests on Bankovaya Street near the presidential administration office in Kyiv on December 1.

One of the protesters, Oleksandr Solontay, told RFE/RL that protest actions to support the «prisoners of Bankovaya Street» will also be held in other Ukrainian towns and cities.

On December 1, security officers and protesters upset with the government over its failure to sign a key EU accord clashed in front of the presidential administration.

Several protesters were arrested.

http://www.rferl.org/content/ukraine-protest-prosecution/25195733.html