Head of the Project in Tajikistan:
Nuriddin Karshibayev

Freedom of Speech in Tajikistan
Situation in January 2009

In January 2009 the NANSMIT Monitoring Service received 40 reports. Twenty five of them describe the factual situation in the media in the light of socio-legal and political environment; twelve reports describe direct violations of rights of media professionals; and three reports describe conflicts and accusations against the media and journalists.

1. Public speeches and statements of superior officials defining the factual situation in the mass media

17 January
Emomali Rakhmon, President of Tajikistan, Dushanbe

“The state periodicals and printing houses need qualitative changes, and the Ministry of Culture must undertake necessary measures to eliminate shortcomings in this sphere”, — said Emomali Rakhmon in his speech at the government meeting.
The President stressed that the level of literary and artistic works, as well as concerts, theatrical performances, TV and radio programs does not meet contemporary requirements. “They are not fully in compliance with the development of the sense of patriotism, self-consciousness, promotion of achievements of our independence, the culture of the national statehood”, — said the President. “The logistical conditions of television and radio also leave much to be desired”, — he added.

2. Actions of officials defining the factual status of the media

12 January
District newspapers, Shaartuz district, Khatlon province

Chairman of the Shaartuz district administration H, Rakhmonov allocated 3,830 Somoni from the local budget for the Sabokhat newspaper and a local printing house to purchase some computer and printing materials.
Prior to that, the administration provided the newspaper with new premises, and its personnel was given land plots.

12 January
Abdujabbor Rakhmonov, Minister of Education, Dushanbe

At a press conference on 12 January Abdujabbor Rakhmonov, Minister of Education asked journalists to be objective while covering the problems and issues of education.

Rakhmonov said that describing the shortcomings in education, critics usually blame the school and the teacher; however, there is a necessity of cooperation between parenst and educational institutions, and the media could make their input in this.

14 January
Amonullo Khukumov, director of the Tajik railroads, Dushanbe

Speaking at a press conference on 14 January in Dushanbe, Amonullo khukumov, director of the Tajik railroads suggested to organize a trip to Russia for Tajik journalists.

Khukumov considers that such a trip would give answers to many questions regarding the problems of rail communication between the two countries.

19 January
All media, Kurgan-Tube, Khatlon province

Speaking at a press conference on 19 January, Foziljon Akhunov, the province prosecutor said that his agency intends to strengthen cooperation with the media.

Akhunov said that the prosecutor’s office is planning to conduct seminars on the topic “Relations with the media and cooperation with journalist”.

19 January
Barki Tojik and Sughdgaz, Sughd province

The Barki Tojik electric company and the state unitary enterprise Sughdgaz intend to create their press centers.

The proposal about press centers addressed to the companies was voiced by local journalists at a press conference in 2008.

Managers of the enterprises declared that press secretaries will be selected on a competitive basis among local media professionals.

22 January
Asadullo Rakhmonov, chairman of the State Committee on Radio and Television under the government, Dushanbe

Speaking at a press conference in Dushanbe, Asadullo Rakhmonov, chairman of the State TV and radio Committee under the government stated that Russian TV channel RTR-Planeta owes the Tajikteleradiocom enterprise an amount of $150 thousand for rebroadcasting services.

Rakhmonov warned that the RTR-Planeta’s rebroadcasting will be terminated unless it pays off its debt during one month.

23 January
Kokhir Rasulzoda, chairman of Sughd province

At a press conference on 20 january chairman of Sughd province Kokhir Rasulzoda thanked journalists for their fruitful work. “I do not believe managers (local administrators) – since they are afraid of the truth and do not like to be criticized”, — he said. — “But I learn about problems and shortcomings from the media, which helps me analyze the situation and take relevant measures”.

26 January
Nusratullo Salimov, Minister of Health, Dushanbe

Nusratullo Salimov noted deserts of journalists who cover the issues of public health in the country. The Minister gave three journalists mobile telephones as a token of respect for mutual cooperation with domestic health agencies.

30 January
Mirzo Akhmadzoda, head of education department, Khujand, Sughd province

The Sughd province periodicals have recently published a number of materials criticizing the Khujand city education department.
Mirzo Akhmadzoda, head of the education agency presented the outcomes of work in 2008. The official thanked the broadcasting companies “Safina”, “Asia”, “SM-1”, and newspapers “Korvoni Umed” and “Omuzgor”.

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

15 January
All media, Dushanbe

According to the President’s press service, “In the last three years, following the initiative and under support of the Tajik President, Emomali Rakhmon, and also due to efficient work of the State Broadcasting Committee under the government, three additional state TV companies have been created in addition to the First Channel”.

The Jakhonnamo station has become the fourth TV company broadcasting 24 hours a day, seven days a week in Tajik, Russian, English and Arabic languages, covering the entire country.

17 January
All media

According to the latest report of the Freedom House, www.freedomhouse.org/template Tajikistan is rated among the most constrained countries in terms of the freedom of speech.

The Freedom House annually publishes its report titled “Freedom in the World” assessing the situation in the sphere of political and civil rights in more than 190 countries and 16 strategic territories around the globe.

Tajikistan is among the countries, where the political opposition, non-governmental organizations and private media experience big pressure from the government.

The Freedom House 2008 report indicates 42 “non-free” countries.

27 January
NANSMIT

The Tajik National Association of Independent Media (NANSMIT) summarized the outcomes of its activities in 2008. The monitoring was conducted within the framework of the project supported by the National Endowment for Democracy, USA.

The NANSMIT Monitoring Service received 296 reports illustrating the situation in the sphere of the freedom of speech. 211 of them describe the factual situation in the media in the light of socio-legal and political environment; 54 reports describe direct violations of rights of media professionals; and 31 reports describe conflicts and accusations against the media and journalists.

4. Journalists protecting their civil and professional rights

27 January
Media organizations, Dushanbe

The Tajik Union of Journalists (UJT), the Tajik National Association of Independent Media (NANSMIT), the Tajik National Association of Independent Electronic Media (TajANESMI), the Media Alliance of Tajikistan (MAT), and the Foundation of Memory and Protection of Journalists’ Rights called the media and journalists – regardless of the form of property of their units – to improve the quality of journalism in the country.

Twenty three legal cases against the media concerning the protection of honor, dignity and business reputation were registered in 2008. Most of these claims were provoked by improper quality of the publications.

II. VIOLATIONS OF RIGHTS OF JOURNALISTS AND THE MEDIA

1. Assault upon a journalist

6 January
Abdulmumin Sherkhonov, correspondent, Pazhvok newspaper, Kulyab, Khatlon province

On 6 January in the city of Kulyab, unknown assailants attacked Abdulmumin Sherkhonov, correspondent of the Pazhvok newspaper.

According to the police, the journalist was beaten by attackers out of hooligan motives. Sherkhonov said that during the quarrel one of the attackers had shown his police ID card, which leads him to the conclusion that the attack is somehow related to his professional activities.

The Kulyab city prosecutor’s office initiated a criminal case on this fact.

7 January
Abdulmumin Sherkhonov, correspondent, Pazhvok newspaper, Kulyab, Khatlon province

The attackers of Abdulmumin Sherkhonov are detained by the police on 7 January in Kulyab. The suspects are students of the Kulyab State University.

COMMENT

The NANSMIT Monitoring Service has established that the attack upon the journalist is not related to his professional activities. Nevertheless, infliction of injuries is classified as criminally punishable act. The victim has the right to apply to the law enforcement structures.

2. Impediments to professional activities

19 January
Jamshed Marupov, the Sughd weekly, Sughd province

On 19 January Jamshed Marupov, correspondent of the Sughd weekly was stopped by the police at the Sughd province government building. He was not allowed to attend a press conference under the pretence of being dressed improperly.
It took Marupov quite a while that he dressed in a uniform, and after long discussions he was admitted to the building accompanied by a press service representative.

3. Ungrounded denial of information

7 January
Jamshed Marufov, correspondent, the Sughd weekly, Khujand

The Khujand city Education Department refuse to provide the media with requested information without consent of their senior supervisors.
Tukhfa Mamatkhonova, consultant of the pre-school education department refused to talk with Jamshed Marufov, correspondent of the Sughd weekly referring to the need of preliminary permission from her direct supervisor.

The journalist said that he used to face similar problems before.

8 January
Gufron Vakhobov, Vetcherny Dushanbe weekly

Vetcherny Dushanbe weekly published an article by Gufron Vakhobov titled “The top secret money of Amonatbank” (8.02.2009). The journalist asserts that access to information in the Tajik Amonatbank is limited. According to rumors, the bank’s affiliates sell blank application forms to their clients, whereas these papers must be given for free.

16 January
All media

Following an example set by the Tajik Orionbank, the National Bank of Tajikistan decided to impose limitations on information. The NANSMIT Monitoring Service has also reported that Orionbank issued an internal document prohibiting its regional, district and city affiliates to communicate with the media. According to the new order, journalists can require information only from the central bank’s office in Dushanbe.

The Monitoring Service found out that the National Bank issued a similar order in May 2008 (#148) with the same message – to apply for information to the banks’ headquarters in the capital.

22 January
Karimjon Kadirov, rector of the Kulyabi University, Kulyab, Khatlon province

Karimjon Kadirov, the recently appointed rector of the Kulyabi University cancelled regular quarterly press conferences. Moreover, the official refused to provide the media with any explanations in this regard.
Regular quarterly press conferences have been held since 2005, following a presidential decree addressed to all big enterprises and higher educational institutions.

Journalists complain that the rector has been ignoring both the President’s orders and those of the Khatlon province administration. Kadirov said the following: “There is only one person in this country, who has the right to give me orders – Abdujabbor Rakhmonov, Minister of Education. He did not ask for any press conferences to be held in Kulyab”.

26 January
Sulton Valiev, acting head of the Vose district administration, Khatlon province

On 24 January, twelve journalists representing both Tajik and foreign media gathered at the district administration building to attend a press conference.
Journalists found Saidrajab Mirzoev, the press secretary, who could not give them any intelligible answer regarding the regular press conference.

COMMENT

Freedom of speech is guaranteed by Article 30 of the Constitution of the Republic of Tajikistan. Only data referring to state secrecy might be considered as an exception. As for the case in question, the journalist was interested in receiving data, which has nothing to do with state secrets.

Article 31 of the Law of the Republic of Tajikistan “On printing and other mass media” enables journalists to look for, receive and disseminate information applying any legal means. And Article 5 of the Law in question obliges state, political and public organizations, entities and their officials to provide the media with requested information. Denial in provision of information, according to Article 27 of the Law in question, can be discussed between the medium and the relevant official, and also can be considered in court.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

5 January
Davlat Nazriev, head of the Tajik Foreign Ministry Information Department, Dushanbe

On 3 January the www.centrasia.ru web site published an article of the Russian Public Movement “Tajik Labor Migrants” titled “Tajik criminal group took 50 passengers hostages”. The article describes an incident in the Russian city of Astrakhan, where Tajik citizens were taken out of the train following from Moscow to Dushanbe. Allegedly, the passengers were accused of violating the customs and border control procedures.

The local police took documents from the passengers and gave them up to an organized criminal group. The criminals delivered them to some premises suggesting to release them after paying 25 thousand rubles for ransom.

Davlat Nazriev, head of the Tajik Foreign Ministry Information Department told the Khovar news agency that the publication is a pure provocation. The Tajik Embassy in the Russian Federation investigated the case and made a stated that the published story is fictitious.

Head of the Tajik Railways Amonullo Khukumov also confuted the story about the Tajik “hostages”.

22 January
M. Makhmadaminov, governor of Amonatbank, Dushanbe

The management of the Tajik State Savings bank “Amonatbank” expressed discontent with a recent article in Vetacherny Dushanbe weekly titled “The top secret money of Amonatbank” (8.02.2009).

M. Makhmadaminov, governor of Amonat bank wrote in his letter that “after a thorough investigation it became clear that the author used unreliable data, which defamed the bank’s personnel”.

COMMENT

According to Article 135 of Tajikistan’s Criminal Code (Libel), the person becomes responsible for his actions only if he spread patently false information defaming another person. Such a crime can be committed only with a specific intent. Unintentional actions do not form corpus delicti.

The case described above should have been considered in accordance with the Tajik Civil Code.

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