ALMATY — A Chinese man has been sentenced by a Kazakh court to five days in jail for attacking the office of an independent newspaper, RFE/RL’s Kazakh Service reports.

The Almaty court found Yan Shaolian, a shuttle trader, guilty on April 5 of attacking the Almaty office of «Zhas alash» on March 28.

The Almaty-based organization «Adil soz» (A Just Word), which monitors media and journalists’ rights, said Yan smashed the doors of the newspaper’s editorial office and broke a window.

Zhan Jianchao, the deputy chairman of an Almaty organization representing Chinese businesspeople, has officially apologized to the newspaper’s editors and paid for the damage. Yan said at his trial he was drunk at the time.

But «Zhas alash» editor in chief Rysbek Sarsenbai told journalists he was not satisfied with the court decision. He said the case should be reviewed and Yan should be deported from Kazakhstan.

«It is very strange that Mr. Yan consumed alcohol in one district of Almaty and, being drunk, decided to travel to another district to perpetrate an act of hooliganism,» Sarsenbai said.

Sarsenbai said the attack might be connected with recent articles in «Zhas alash» focusing on tensions in Chinese-Kazakh relations, especially the controversial issue of leasing Kazakh land to Chinese farmers.

Sarsenbai noted that the newspaper’s website recently suffered several cyberattacks that he suspects originated in China. He pointed out that the website is very popular among ethnic Kazakhs living in the northwestern Chinese
province of Xinjiang.

http://www.rferl.org/content/Chinese_Man_Jailed_For_Attack_On_Kazakh_Newspaper/2004200.html

According to Turko Dikaev, representative of the NANSMIT monitoring network in Khatlon province, the health authorities introduce elements of preliminary censorship.

“In order to avoid mistakes and misinformation, it is decided to share only the data, which have been fully verified on the level of the Ministry of Health”, — said Toir Tumanov, a health official in the city of Kulyab.

Prior to that, the Khatlon health authorities introduced another limitation for the media: in order to receive any data from any doctor, journalists must obtain a written permission from chief physicians in medical facilities.

NANSMIT Monitoring Service

A Kyrgyz opposition newspaper said it has been ordered by a Bishkek district court today to cease publication, RFE/RL’s Kyrgyz Service reports.

Yryskeldy Mombekov, the chief editor of the newspaper «Forum,» told RFE/RL that a Bishkek district court ruled today that his publication could no longer be published. The court decision was made after a district prosecutor charged that some articles in the newspaper’s March 30 issue «called for the forcible overthrow of the country’s constitutional system.»

The court ruling was delivered today to the «Forum’s» offices in Bishkek.

Mombekov says the court ruling is politically motivated. He said the authorities are cracking down on independent media outlets ahead of protests scheduled by opposition groups on April 7.

Mombekov says he will challenge the court’s decision in a higher court.

Police confiscated 7,000 copies of the March 15 edition of «Forum.»

Two other opposition newspapers — «Achyk Sayasat» (Open Politics) and «Nazar» (View) — were shut down in Kyrgyzstan last month.

Also in March, RFE/RL’s Kyrgyz programs were dropped from local FM radio stations and access to the independent websites Ferghana.ru and Centrasia.ru have been blocked.

http://www.rferl.org/content/Another_Opposition_Newspaper_Shut_Down_In_Kyrgyzstan_/2000249.html

QUESTION: What do you think about the current lawsuits? The last time it was with Millat, and now it is with Asia Plus and other newspapers. What is your opinion about this?
AMBASSADOR GROSS: Well, as we said in our press statement, we are very concerned with freedom of press here in Tajikistan. And what we are hoping for is the court case validates the freedom of press here. It is extremely important in any country that the press has opportunity to report freely what happens, without any restrictions, threats, or punishments through judicial means or otherwise, and we are here today to observe and see what happens in court. Hopefully, the court will uphold the principle of freedom of press.
QUESTION: What if the results of the court hearings will be against the journalists? What are the next steps of the Embassy?
AMBASSADOR GROSS: We are not here to speculate what the court may or may not do. That would be inappropriate. The reason we are here is to support the principle of freedom of press and obviously, and we hope that the court upholds that principle as well.
QUESTION: Taking into account that the judicial system is not free from influence — what if the results of the hearings turn out to be against the journalists? What are the next steps of the Embassy?
AMBASSADOR GROSS: I wouldn’t want to say that until we hear what the court decides. It would be premature to talk about this before the court issues its judgment.

US Embassy in Dushanbe

This report is based upon messages from the Tajik media and the NANSMIT monitoring network.

Moderator of the monitoring network in Tajikistan
Abdufatoh Vohidov
Chief of legal service
Orifjon Azimov
Chief of project in Tajikistan
Nuriddin Karshiboev

In March 2010 the NANSMIT Monitoring Service received 19 reports. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; four reports describe direct violations of rights of media professionals; and four reports describe conflicts and accusations against the media and journalists.

I. PECULIARITIES OF 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

30 March
Kenneth Gross, the US Ambassador to Tajikistan, Dushanbe

On 30 March the ambassador extraordinary and plenipotentiary to Tajikistan, Mr. Kenneth Gross took part in a court hearing on the case of three private newspapers – Asia Plus, Farazh and Ozodagon. Mr. Gross was an observer at the hearing. Before the session, he answered questions of journalists and expressed concern about the situation in the sphere of freedom of speech in Tajikistan.

2. Factual status of the media and the freedom of speech

1 March
Radio Tiroz, Khujand, Sughd province

Radio Tiroz based in the northern city of Khujand, celebrated its tenth anniversary. The TV & Radio company Tiroz was created as a commercial enterprise with limited liabilities in July 2000. the company started broadcasting on 1 March 2000. At present, the radio station has two FM frequencies – 103,7 and 106,7.

13 March
The Pomir newspaper, GBAO

The Pamir Media new agency published the first issue of its new printing outlet – Pomir. Kurbon Alamshoev told NANSMIT that the idea of launching the newspaper implies an attempt to fill in the information vacuum in Gorno-Badakhshan Autonomous Province of Tajikistan.

16 March
Khayot newspaper, Khorog, GBAO

The Khayot newspaper is a printing outlet financed by the International organization AFEW within the framework of the project “The Pamirs against AIDS”. Khayot will be published once a month; the number of copies – 800. It will be disseminated free of charge. The newspaper will be touching upon the problems of HIV/AIDS, drug abuse, alcoholism, etc., and promoting healthy life style.

3. Journalists protecting their civil and professional rights

5 March
All media, Dushanbe

Radio Vatan and the public organization Dast Ba Dast are launching an educational project for high school students in Dushanbe.

The project funded by the government of Switzerland is targeted to forming a new socio-information culture among schoolchildren who want to acquire professional journalistic skills.

Project coordinator Nargis Kasymova told the Asia Plus news agency that this project provides students with new social and professional opportunities.

Upon the accomplishment, young journalists will create their own online newspaper, and a radio show at the Vatan radio.

9 March
Media Alliance of Tajikistan, Dushanbe

On the occasion of the Tajik national Press Day, the Media Alliance of Tajikistan held a ceremony and gave awards to the Tajik media outlets in three nominations.

The Ozodagon weekly received the award for “Protection of National Interests”. TV Simoi Mustakili Tojikiston was awarded for “Survival in Market Conditions”. And the nomination “Protection of Rights among Media Professionals” (for media unions) was cancelled – since none of the existing media organizations has proven such abilities.

18 March
Center for Journalistic Investigations, Kulyab, Khatlon province

Rakhmatali Nazriev, representative of a newly established Center for Journalistic Investigations in the southern Tajik city of Kulyab told NANSMIT that logistical preparations are accomplished and the Center is ready for functioning.

The Center intends to attract journalists in Khatlon province for cooperation.

21 March
All media, Kurgan-Tube, Khatlon province

On 19-20 March, the representation of the Institute for War and Peace Reporting (IWPR) held a training course for human rights organizations on the topic “Communication, communication strategies, and reporting techniques”. The training was organized within the framework of the project “Protection of human rights and media education in Central Asia” financed by the European Union.

This seminar was the second in the series of training sessions for Tajik human right NGOs. The first one was held in Dushanbe on 12-13 February. It is also planned to conduct the next session in April in the northern city of Khujand, Sughd province.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Violation of legal procedures

30 March
Newspapers Asia Plus, Farazh, and Ozodagon, Dushanbe

The first hearings on the case of three private newspapers – Asia Plus, Farazh, and Ozodagon took place in the Sino district court in Dushanbe.

Marat Mamadshoev, editor of the Asia Plus weekly told NANSMIT that representatives of the newspapers did not receive any official notifications about the hearing in court.

It should be noted that at the preliminary hearings in February, two judges of the Tajik Supreme Court – Nur Nurov and Ulugbek Makhmadshoev, and the judge of the Dushanbe city court Fakhriddin Dodometov — confirmed their claims and rejected proposals about reconciliation. The defendants – Asia Plus, Ozodagon, and Farazh – and the attorney Solejon Juraev stated that they do not admit the guilt.

2. Violation of the principle of publicity of court proceedings

11 March
All media, Dushanbe

Dilorom Abdurakhimova, the judge of the Firdavsi district court in Dushanbe barred journalists attending the hearing on the legal action by the Ministry of Agriculture against the Millat weekly. The hearing was held behind closed doors despite the parties’ declaration that they have no objections against the media presence in court. Represenatives of international organizations, the diplomatic corpus, human rights watchdogs and the media came to support the newspaper, but only representatives of the parties were allowed to stay.

Shortly after the beginning, the hearing was stopped and postponed until late March. According to Junaid Ibodov, the attorney representing the Millat weekly, the judge urged the parties to find a compromise.

3. Ungrounded limitations in access to information

17 March
Paikon newspaper, Dushanbe

Many officials, being criticized by the media, ignore such publications. At the same time, they keep creating impediments for journalists. The newspaper Paikon (#11, 17.03.2010) published a list of “debtors” – representatives of executive government bodies, who did not respond to publications, where their agencies were criticized.

Applying to these agencies, Paikon stressed that according to the Media Law, officials have the right to respond or to publicly refute the information. Moreover, there is a presidential decree “On response to criticism and analytical publications” obliging public officials to respond and take relevant measures.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

10 March
Paikon newspaper, Dushanbe

Chief physician from the Faizabad district hospital, Asadullo Rasulov stated that the article published in the Paikon weekly “The National Security Committee is also aware…” (#10, 10.03.2010) is slanderous and defames his business reputation.

Rasulov was accused of mismanagement, embezzlement and improper use of public funds allocated for maintenance of the hospital he runs.

11 March
Millat newspaper, Dushanbe

The court hearing on the legal case initiated by the Ministry of Justice against the Millat weekly, was postponed until 29 March at the request of Junaidullo Ibodov, the newspaper’s lawyer.

According to the Paikon weekly, the trial was postponed at the request of the judge who called the parties to finding a compromise. This was also confirmed by a representative of the Agriculture Ministry who told NANSMIT that his agency is likely to consider such an option.

Later, NANSMIT was informed that the trial is postponed until 11 April, since the founder of the newspaper, Adolati Mirzo is in a business trip.

This report is based on compiled materials from the media and private information presented by correspondents of the NANSMIT Monitoring Network

Coordinator of the Monitoring Service
Abdufattokh Vokhidov

Project Manager
Nuriddin Karshibayev