Freedom of Speech in Tajikistan

February 2014

In February 2014, the Monitoring Service received 29 reports. Fourteen of them describe the factual situation in the media in the light of social, legal and political environment; seven 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

6 February
Committee on Language and Terminology under the government, Dushanbe

“The Asia Plus weekly is obliged to publish at least 30 percent of its materials in the state language; however, the whole content of the newspaper is in Russian”, — stated Shodmon Mansurov, head of the legal unit of the government Language and Terminology Committee at a press conference in Dushanbe.

The official added that the newspaper is published on the basis of the national media law, which contains provisions saying that “periodicals must ensure that not less than 30 percent of their publications are printed in the state language”.

11 February

Committee on Language and Terminology under the government, Dushanbe

“When somebody says that “journalists are prostitutes”, it is seen as free opinion. Then, why somebody is so insulted when they hear that “intelligentsia is shit”, — said Gavhar Shafozoda, head of the State Committee on Language and Terminology under the government.

Expressing her opinion at a press conference, Ms. Sharofzoda said that that the Committee has recently finished the expertise of the article by Olga Tutubalina published in a popular Tajik weekly Asia Plus. She added that there is a big confusion caused by irrelevant people who refer themselves to the “class of intelligentsia” and claim that journalists defame and insult them.

12 February

Ministry of Interior, Dushanbe

“The Tajik Ministry of Interior appreciates and encourages the interest of the mass media to the activities of the law enforcement agencies. The Minister, Ramazon Rakhimov promised to maintain contacts with the media”, — says a press release published on the Ministry’s official web site.

The Minister expressed a desire to discuss the results of his visit to Sughd province of Tajikistan after his return from the trip.

The Ministry expressed gratitude to journalists for their efforts and realistic coverage of activities conducted by the law enforcement agencies.

It should be noted that at the end of December 2013, the media community of Tajikistan demanded to organize a meeting with the Minister having reminded the law enforcement agencies about numerous cases of violation of human rights in the country in general and professional rights of journalists in particular.

27 February
OSCE, Vienna

Dunja Mijatovic, the OSCE Special Representative for the Freedom of the Media expressed concern regarding the recent ruling of the court against Olga Tutubalina and the Asia Plus weekly.

 

This case has caused a big resonance in the society; the media called it “Intelligentsia against Tutubalina”.
Speaking in New York at an international conference on the freedom of the media, Tutubalina stated that the court obliged her to pay 4,5 thousand euros as a compensation to three individuals who claimed that they suffered physically and mentally after the original publication in the Asia Plus weekly (those three individuals have nothing to do with the publication; their names were not in the article; they claim that they belong to the class of intelligentsia).
“The democratic society should conduct public debates on cases like that, and financial punishment of journalists and the media is not acceptable”, — said the OSCE official.
26 February
The Media Council of Tajikistan, Dushanbe

Kirinsho Sharifzoda, head of the Tajik Media Council expressed bewilderment about the ruling of the court on the case “Intelligentsia against Olga Tutubalina and Asia Plus”.

“I have no clue why the court did not take into consideration the numerous arguments of the Asia Plus and other professional experts. Since the very beginning, we have been stating that the publication is “a personal opinion”; the author did not make any references to any particular individuals”, — said Sharifzoda.
2. Factual situation in the media and the freedom of speech

5 February
Salom, private radio station, Chkalovsk, Sughd province

A new radio station started broadcasting in the city of Chkalovsk, Sughd province.

 

Radio Salom is a private radio company created with support of the municipal administration. The station broadcasts ten hours a day on the frequency of 93,3 FM.

 

At present, ten radio companies operate in Sughd province; nine of them are private.
12 February
Reporters Without Borders

The international non-governmental organization Reporters Without Borders issued the World Freedom of Press Index — 2014. The organization conducted assessments of the media freedom in 180 countries.

Tajikistan was rated 115, leaving behind the Ukraine, Afghanistan, the Russian federation, Kazakhstan, Uzbekistan, Iran and China. In 2013, Tajikistan was rated 123-rd.

The report says that the media coverage of the presidential elections was mainly in the favor of Emomali Rakhmon who has been in power for more than 20 years. “The blocking of access to web sites, news portals and social networks by the authorities has become a common phenomenon in the country. The new media low has a good impact only on paper, but it has not been useful in practice”, — the report says.
14 February
Committee to Protect Journalists

The Committee to Protect Journalists issued a report titled “Attacks against the media in 2013.

 

“Although the draft media law was accepted and signed, the legislators failed to decriminalize the article on insult of the president and to exclude other repressive measures against the mass media”, — the report says.
The document also says that the adoption of the new legislation has not had any positive impact on the freedom of speech on the eve of the presidential elections.

 

“To pave the unimpeded way to the fourth term of Emomali Rakhmon, the authorities continued jamming the critics using a toolkit of repressive measures, such as intimidation of journalists by security services, denial of accreditation and protracted court trials. The government communication services gave orders to local Internet providers to block access to web resources, social networks, etc.”, — the report says.
25 January
The US embassy in Dushanbe

The United States embassy in Dushanbe expressed concern over the court ruling against the Asia Plus weekly and its editor, Olga Tutubalina.

 

“The decision of the court will have a negative impact on the freedom of the media in Tajikistan”, — says the statement issued by the embassy. — “We consider that journalists must use their right to freedom of expression, and they deserve a high level of protection”.

 

28 February
The EU delegation in Tajikistan, Dushanbe

The EU delegation in Tajikistan expressed concern regarding the verdict of the Firdausi district court in Dushanbe against the Asia Plus weekly and its editor.

 

The EU delegation called on the Tajik authorities to observe the freedom of expression in accordance with Tajikistan’s international commitments.
3. Journalists and the media protecting their professional and civil rights
4 February
All media, Dushanbe

 

On 4 February, the Union of Journalists of Tajikistan and the National Association of Independent Mass Media (NANSMIT) published a statement condemning the actions of Amonullo Khukumov, head of the unitary enterprise Tajik Railways against the Imruz News weekly.

 

The statement says that at a press conference held on 29 January in Dushanbe, the official was threatening the managers and journalists of the Imruz News weekly. There has been no reaction so far on those threats from the law enforcement agencies.

 

“We consider that a press conference is a floor for dissemination of information and maintaining efficient cooperation with the mass media; but it is not a tribune for settling of accounts with the media and journalists”, — the statement says.
11 February
All media, Dushanbe

the Institute for War and Peace Reporting (IWPR) is commencing a three-year project “Expanding rights and opportunities of the media and the civil society to support democratic reforms in Tajikistan”.

Representative of IWPR in Dushanbe told the media that the main goal of the project is to promote close cooperation between the civil society activists and the independent media.

 

The project is designed to strengthen the capacity of independent mass media in the area of journalistic investigations and analytical articles, to stimulate a constructive dialogue between human rights watchdogs, the media and local administrations.
28 February
All media, Dushanbe

The Media Council of Tajikistan, the National Association of Independent Mass Media (NANSMIT), the Media Alliance of Tajikistan and the non-governmental organization Khoma expressed concern over the court verdict against the Asia Plus weekly.

The statement says that the decision of the Firdausi district court on the case “Intelligentsia against Asia Plus and Olga Tutubalina” (original article published in Asia Plus, #40, 30.05.2013) obliging the newspaper to pay 30 thousand Somoni as moral compensation to the claimants (government-supported creative unions and three individuals) is ungrounded and unfair.

 

“We consider that litigations between the media, institutions and the civil court is one of the highest values and requirements of the democratic system. The attitude of courts, the primary instance courts in particular, to such issues must be in compliance with the standards of the national legislation and the international conventions acknowledged by Tajikistan. We state with concern that the trial was conducted with violations of procedural norms. The court’s verdict jeopardizes the principles of objectiveness and impartiality of judicial bodies”, — the statement says.

28 February
All media, Dushanbe

The British Institute for War and Peace Reporting (IWPR) conducted a two-day training in Dushanbe on the issues of interaction between journalists and human rights watchdogs.
Fourteen participants – journalists and representatives of local NGOs – learned about the methodologies of interviewing victims of human rights abuse and legal aspects of interviewing violators of human rights.
Nuriddin Karshiboev, chairman of the National Association of Independent Mass Media and Sergey Romanov, head of the Independent Human Rights Center were trainers at the seminar.
 

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Threats

6 February
Jumkhuriyat, government newspaper, Dushanbe

Emom Nazarov, correspondent of the government newspaper Jumkhuriyat published an article titled “Indecent commercials are illegal” (Jumkhuriyat, #10, 14. 01.2014), where he criticized a billboard installed near the Ministry of culture in the downtown area of the capital. The billboard advertises a tattoo studio; in the center of the billboard, there is a semi-naked lady with tattoos decorating some parts of her body.
The author of the article says that such commercials contradict the mentality and the national traditions; they look very indecent. The journalist told the NANSMIT monitoring service that after his publication, the municipal unit regulating advertisement in Dushanbe reported about the measures taken; however, the “most private parts of the female body on the billboard” were painted, but the billboard remained at the very same spot.

 

After a while, Nazarov started receiving phone calls from an unknown individual who threatened him.
14 February
Paik newspaper, Kulyab, Khatlon province

On 14 February, Akhmad Ibrohim, the founder and editor of a private newspaper Paik received a phone call from an unknown individual who threatened to kill him. Ibrohim told the NANSMIT monitoring service that the person who called him was furious about the recent publication in February 2014 criticizing the state registry institutions.
The journalist said that the unknown individual was threatening to “annihilate” him within the next week and to do the same with his relatives. Ibrohim filed a complaint to the local police department.
2. Illegal prohibition of publication

17 February
Hafta, private newspaper, Dushanbe

The Ministry of Culture closed the Hafta weekly right after the first issue was printed in January.
Hafta is a successor of the weekly Ovoza va Khakikat, which existed from Macrh 2011 to October 2013.
Abdukayum Kayumzod, editor of the newspaper told NANSMIT that the Ministry of Culture is concerned about the changing of the outlet’s style and format – previously, it was cultural and educational, now, it is political.
“The ministry officials told us that we have gone too far beyond our sphere of activities. They are also concerned about the changing of the founder of the outlet”, — said Kayumzod.

3. Illegal blocking of web sites

 

24 February
Radio Ozodi, Dushanbe

Local Internet providers in Tajikistan blocked access to the web site of Radio Ozodi (the Tajik service of Radio Free Europe / Radio Liberty).
Only one of the Internet providing companies – Babylon – openly acknowledged that it follows the order from the government – to block access to certain online resources. Other companies refuse to comment on this.
Administration of radio Ozodi is confident that the blocking of the Internet resources has become a tool of pressure against the independent mass media and control of the freedom of expression.

25 February
US embassy in Dushanbe

The United States embassy in Dushanbe issued a statement expressing concern over the blocking of the Radio Ozodi web site.

 

“The United States is adherent to the principles of openness when it concerns the arguments about the freedom of the Internet. When ideas are blocked, the information is deleted and talks are suppressed, we lose the opportunity to hear and to exchange opinions”, — the statement says.

 

25 February
Kevin Klose, Radio Free Europe / Radio Liberty

Kevin Klose, the president of Radio Free Europe / Radio Liberty RFE/RL condemned the actions of the Tajik authorities.
The blocking of the web sites ozodi.org and rus.ozodi.org by the Tajik Internet providers coincided with the coverage of events in the Ukraine. Radio Ozodi (the Tajik branch of RFE/RL ) covers the events in the format of live-streaming in Russian and Tajik languages; such information is not presented by the local Tajik state mass media.
The RFE/RL president called the Tajik authorities, especially the Communication Service under the government to taking appropriate measures to eliminate impediments for Radio Ozodi and to reinstating the right to access to information in Tajikistan.

III. CONFLICTS, VIOLATIONS, ACCUSATIONS AGEINST THE MEDIA

1. Protection of honor and dignity

6 February
Olga Tutubalina, Asia Plus weekly, Dushanbe

The Language and Terminology Committee under the government has produced the linguistic expertise of the article written by Olga Tutubalina and published in Asia Plus weekly (#40, 30 May 2013).

Following the errand of the court, members of the working group came to the conclusion that complainants in this case who consider themselves “representatives of the intelligentsia” can be offended by the word “shit”, and this particular word “refers to them”.

 

Criticizing the Tajik intelligentsia for the absence of opinion on acute social and economic problems, Olga Tutubalina quoted the chief of proletarians Vladimir Lenin who compared intelligentsia with shit… (“Intelligentsia is the shit of the nation rather than its brain).
The lawyers representing interests of Asia Plus and Olga Tutubalina stated that the linguistic expertise performed by the Language and Terminology Committee is incomplete, non-professional and non-impartial. “Experts have gone far beyond the court’s errand. They presented a judicial assessment rather than a linguistic one”.

11 February
Samak weekly, Dushanbe

The Firdousi district court in Dushanbe resumed hearings on the case of Askar Khakim, former chairman of the Union of Writers against the Samak weekly. The complainant demands the amount of 150 thousand Somoni from the newspaper as a moral compensation for defamation.
In March 2013, Samak published an article titled “The non-problematic Tajik intelligentsia” criticizing the Union of Artists; because of a technical error, the publication said “Union of Writers” instead of “Union of Artists”. In the next issue, the editor of Samak published apologies for the misprint. Moreover, the complainant Askar Khakim published his refutations twice in Samak. But eventually, he decided to file a case against the newspaper.

20 February
Radio and TV Committee, Dushanbe

The Party of Islamic Renaissance of Tajikistan (PIRT) filed a lawsuit against the National Security Committee and the Committee on Radio and Television under the government.

 

PIRT shared a statement with the media saying the following: “…we see how the National Security Committee and the Broadcasting Committee, the government TV stations Safina and Shabakai Avval defame our political party, violating Article 28 of the National Constitution (freedom to create political parties and coalitions)”.
21 February
Olga Tutubalina, Asia Plus weekly, Dushanbe

The lawyers of the Asia Plus weekly made a statement at the court hearings on the case “Intelligentsia against Olga Tutubalina”. The lawyers said that the claims of the five government-controlled creative unions and three individuals to the newspaper and its editor are illegal, ungrounded, illogical and absurd.
The lawyers stated that the complaint should not have been considered at all – since the complainants are “inappropriate”. The law does not contain any provisions or definitions of “intelligentsia”; the claimants (creative unions) have no right to make claim on behalf of any group or a social stratum – because they do not have such provisions in their statutory documents.

 

“The most surprising thing – the author did not mention any names in her publication while referring to “intelligentsia”. How come that three individuals filed a lawsuit against the journalist claiming that they had been insulted by the publication?”, — one of the lawyers said.

 

Freedom of Speech in Tajikistan

January 2014

In January 2014, the Monitoring Service received 22 reports. Ten 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 six 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

13 January
Strategic Research Center under the president, Dushanbe

Khudoiberdy Kholiknazarov, director of the Strategic Research Center under the President’s Office expressed bewilderment over the coverage of the Tajik-Kyrgyz border conflict in the media.

Speaking at a press conference in Dushanbe on 13 January, the official called recent publications in the Tajik media “prevocational”.

13 January
EU office in Dushanbe

The European Office in Dushanbe expressed concern over the recent arrest and beating of Abdurakhim Shukurov, a cameraman of the Ozodagon news agency.

The EU office appreciated the release of Shukurov from custody and called the Tajik authorities to conduct operative and comprehensive investigation.

The EU office urged the government of Tajikistan to comply with relevant international commitments ensuring unimpeded work of media professionals.

The UE office expressed its readiness to assist the Tajik authorities in creating proper environment for the media and the freedom of expression.

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

6 January
All media, Sughd province

Newspapers in Sughd province will be published in the format of A3.

This initiative was supported by the province administration – to improve the technical quality and the appearance of printing outlets.

The total circulation of the three newspapers belonging to the Sughd province administration is 11 thousand. The most popular of them is Hakikati Sughd – 6,120 copies.

9 January
TV Tanin, Sughd province

The Sughd province administration declared the launching of a new TV station.

TV Tanin is broadcasting in a testing mode. The new TV company is designed as a cultural electronic medium; it will be also broadcasting sports programs and artistic movies.

The founder of the TV company is Shermuhammad Shermatov, a popular Tajik singer.

At present, there are two private TV stations in the city of Khujand, the administrative center of Sughd province – SM-1 and Asia.

15 January

Khafta weekly, Dushanbe

A new weekly, Khafta has entered the Tajik media market. The circulation is one thousand copies.

Khikmatiori Khikmatzod, editor of the newspaper told the media that the outlet is a successor of Ovoza va Khakikat, which existed since 2011 to 2013.

The new outlet has a new format. It touches upon politics, economy and social topics. According to the editor, the newspaper has the purpose of strengthening democratic values and covering social issues.21 January

Human Rights Watch (HRW)

The international organization Human Rights Watch (HRW) mentioned in its new report that the situation in the area of human rights and freedoms has deteriorated on the eve and during the presidential elections in Tajikistan in 2013.

“Tajikistan further restricted media freedoms in 2013. Authorities periodically blocked access to independent websites and filed defamation suits against, or otherwise intimidated, critical journalists. While the 2012 decriminalization of libel was a step forward, Tajik law retains criminal sanctions for insulting the president or any government representative, creating a chilling effect on the freedom of speech”, — the report says.

Link to the report: http://www.hrw.org/world-report/2014/country-chapters/tajikistan

3. Journalists and the media protecting their professional and civil rights

14 January
Union of Journalists, Dushanbe

The Tajik Union of Journalists intends to create the Museum of Tajik journalism.

The Union also intends to publish the Encyclopedia of Tajik Journalism and to create a club of editors.

31 January
All media, Dushanbe

On 29-31 January, the Tajik National Association of Independent Mass Media conducted a seminar for the commercial sector on the topic of managerial skills in market economy.

The seminar was organized within the framework of the project Management in the Media and Safety of Journalistic Creative Activities in Tajikistan financed by the International Media Support, Denmark and the National Endowment for Democracy, the US embassy in Dushanbe.
II. VIOLATION OF RIGHTS IN THE MEDIA

1. Freedom of expression

23 January
PIRT, Khujand, Sughd province

A group comprising of representatives of fire brigades, the government Religious Affairs Committee and the sanitary-epidemic station sealed the premises of the Party of Islamic Renaissance of Tajikistan (PIRT).

The Party was going to hold a press conference and share information with the media on the Party’s member Umedjon Tojiev who died in a hospital.

Ilkhomjon Yokubov, chairman of the PIRT brunch in Sughd province told the Ozodagon news agency that the “action” was conducted by the order from above.

2. Threats

29 January
Amonullo Khukumov, Tajik Railroads, Dushanbe

Amonullo Khukumov, head of the unitary enterprise Tajik Railroads told the media at a press conference that he is going to apply to the court against the ImruzNews weekly.

The official was furious with a publication in the newspaper, which said that he and his son were on the run after a deadly traffic incident.

“I am not going to leave you alone. I know who snads behind you, and I have sufficient legal knowledge to take an action. Don’t put your lives at risk…”

In response to Khukumov’s speech, the editor of ImruzNews Rustami Joni told the media that “…the author of the article is not only our correspondent, but also a citizen of the country; threats against the newspaper are threats against the journalist. We are going to discuss the situation with our lawyers. Public officials have no right to intimidate the media”.
3. Interference in creative activities

29 January

Tajik television, Dushanbe

The former director of the government-controlled TV Poytakht Abdukodiri Abdukahhor told the Asia Plus news agency about his disputes with the mayor of Dushanbe Makhmadsaid Ubaidullaev.

“I intended to upgrade the TV Company to the international level, but the mayor insisted on keeping the TV station at the municipal level, i.e. to cover exclusively the issues related to the city. He said that we should not touch upon regional, international issues, the politics, etc. I realized that I will not be able to reach my ambitious goals and decided to resign”.

TV Poytakht has been functioning since 1996. In 2006, the mayor issued a resolution giving the TV Company a status of the state television. Abdukodiri Abdukahhor was appointed the director of TV Pytakht on a competitive basis. Prior to that, he was the head of the State Radio Company Tojikiston.

5. Disputes over the status of the state language

8 January
All media, Dushanbe

The Nigokh weekly (#41 (372), 8 JANUARY 2014) published an open letter to Saidmurod Fattoev, advisor to Asadullo Rakhmonov, chairman of the State Broadcasting Committee under the government with a copy to the government Language and Terminology Committee.

The letter says that the state TV companies – Shabakai Avval, Safina, Jahonnamo, and Bakhoriston violate the standards of the state language. The author of the publication in Nigokh complains that many TV programs are broadcast in Russian language, mainly football matches and artistic movies. The author is concerned that “such active use of the Russian language by the state TV stationsundermine the status of the Tajik language”.

III. CONFLICTS AND VIOLATIONS IN THE MEDIA

1. Ethical norms in journalism

24 January

All media

The Council on Media Affairs under the government has accomplished the national monitoring of ethical norms in journalism. The monitoring covered 43 printing outlets and 10 online media.

Experts who conducted the monitoring divided the Tajik mass media into three categories: healthy, unstable and unhealthy.

Among the healthy ones are the newspapers Nigokh, Ruzgor, Farazh, Ozodagon, Adabiyot va Sanat, Asia Plus, the magazines Bonuvon, Chashma, and Navnikhol.

The unstable ones are Sadoi Mardum, Narodnaya Gazeta, ImruzNews, Minbari Khalk, Tajikistan, Charkhi Gardun, SSSR, Millat, and Manu Tu.

The unhealthy ones are Jumkhuriyat, Oila, Mukhabbat va Oila, and Zan va Mard. According to the Council experts, those outlets publish defaming materials with rude contents.

The Council especially criticizes “publications based on allegations, which defame the national law enforcement agencies”.

27 January

Union of Journalists, Dushanbe

The chairman of the Tajik Union of Journalists Akbarali Sattorov told the Asia Plus news agency that the recent monitoring of ethical standards in the media can provoke a serious dissent among journalists.

“The Council on Media Affairs can conduct any monitoring; however, it has no right to evaluate the work of the media in such a way”, — he said. – “The media can be evaluated by the audience, but not by certain experts”.

28 January
Council on Media Affairs, Dushanbe

Kirinshokh Sharifzoda, chairman of the Council on Media Affairs under the government told the Ozodagon news agency that he had a telephone conversation with the editor of the ImruzNews weekly. The editor expressed discontent over the recent monitoring of ethical standards in the Tajik printing media and the conclusions drawn by the Council.

On 31 January, the Council on Media Affairs officially apologized to the ImruzNews weekly and the Jumkhuriyat for improper terms used in the monitoring report, i.e. dividing the media into three categories – “healthy”, “unstable” and “unhealthy”, admitting that the definitions sound rude and impolite.

2. Appeal from judgment

6 January
Makhmadyusuf Ismoilov, freelance journalist, Sughd province

The Sughd province court presidium ruled not to change the verdict against the freelance journalist Makhmadyusuf Ismoilov.

Sadriddin Saidov, the journalist’s lawyer told NANSMIT that in December 2013, the defendant appealed against the verdict of the Matcha district court (dated 28 October 2013) and the verdict of the Sughd province court (27 November 2013).

The journalist was convicted to a lengthy prison term and a big penalty.

The Tajik human rights watchdogs and media organizations repeatedly expressed concern over Ismoilov’s conflicts with local officials in Sughd province. Ismoilov is known as the author of articles criticizing the administration and disclosing corruption in the province. Observers say that the verdict against the journalist might be a revenge for his professional activities.

 

 

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

 

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.

 

Freedom of Speech in Tajikistan

October 2013

In October 2013, the Monitoring Service received 24 reports. Eight of them describe the factual situation in the media in the light of social, legal and political environment; three reports describe direct violations of rights of media professionals; and thirteen 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. Journalists protecting their professional rights

12 October

All media, Dushanbe

On 10-12 October, the Tajik National Association of Independent Mass Media (NANSMIT) held a seminar on the aspects of professional activities in the media. The seminar was held within the frameworks of the project “Management and safe activities in the Tajik mass media” financed by the International Media Support, Denmark.

The seminar was attended by managers and editors from Dushanbe, Khatlon province, and the cities of Tursunzade and Penjikent.

14 October

All media, Khujand, Sughd province

The Tajik National Association of Independent Mass Media (NANSMIT) held a seminar in the northern city of Khujand to discuss the issues of management and legal aspects of professional activities in the media.

According to Nuriddin Karshoboev, chairman of NANSMIT, participants received useful information to ensure professional safety through proper application of the legislation in management. Oleg Panfilov, professor of the Georgian State University was the main speaker at the seminar. Among the topics discussed at the seminar, were the following: “Practical application of the international standards of the freedom of information”, “Problems related to defamation in the media”, legal persecution of media professionals”, “Information security in the media”, “Rules of legal security for the media”.

29 October

The Tajik National Association of Independent Mass Media (NANSMIT), Dushanbe

“The criminal case initiated against Makhmadyusuf Ismoilov is politically motivated and targeted to limiting the freedom of speech in Tajikistan”, — said Nuriddin Karshiboev, chairman of NANSMIT.

“The verdict of the court is very tough. Ismoilov was sentenced to 11 years; I think that the lawyers will appeal against the judgment. His guilt was not proven during the court hearings”, — he added

26 October

All media, Dushanbe

The OSCE Bureau in Tajikistan and the Tajik Justice Council held a seminar on the issues of participation of the media in legal trials.

Inter alia, participants learned about the order of complaints and appeals regarding the cases of protection of honor, dignity, reputation and defamation.

31 October

All media, Khujand, Sughd province

The Tajik National Association of Independent Mass Media (NANSMIT) held a seminar in Khujand, Sughd province on the topic “Management and economic aspects in the mass media”.

Nuriddin Karshiboev, chairman of NANSMIT told the media that the seminar is conducted within the framework of the project “Management in the media and safe journalism in Tajikistan”. The main goal of the project and the seminars is to reach economic sustainability ensuring the availability of alternative sources of information.

Rustem Safronov, deputy head of the Washington D.C. bureau of Radio Russia and the former deputy head of the Russia Today (RT) TV channel was the main trainer and facilitator at the seminar.

Participants discussed the following topics: “Successful management in the media – key to economic success”, “Marketing and the mass media – an element of sustainability”, “Advertisement and commercial activities in the media”, “Taxation in the media”, “Systematic approach to demand and supply in the media”, “A medium as an economic agent”, and other topics.

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

 

2 October

Olga Tutubalina, Asia Plus weekly, Dushanbe

Olga Tutubalina, the editor of the Asia Plus weekly received an order from the Saint Petersburg Foundation of Honor and Courage.

This award is a token of public respect to heroes and those who perfectly perform professional duties in military conflicts, as well as in peaceful time; the award is also given to citizens for their achievements in public, state, cultural and non-commercial activities.

Olga Tutubalina is the owner of other awards; in 2011, she was acknowledged as the most courageous professional in Tajikistan (according to the opinion poll conducted by the Millat weekly).

7 October

All media, Khujand, Sughd province

The administration in Sughd province conducted a seminar for journalists with the purpose of ensuring transparency in the forthcoming presidential elections.

According to www.pressa.tj, among the organizers and participants, there were representatives of the President’s administration, the Tajik parliament, the Ministry of Justice, and members of the Central Commission on Elections and Referenda.

Similar events will be held in Kurgan-Tube, Kulyab and in Gorno-Badakhshan Autonomous Oblast (GBAO).

22 October

Human Rights Watch, USA

Human Rights Watch expressed concern over the persecution of the opposition activists in Tajikistan, as well as intimidation of the leaders of the opposition political parties by the authorities and attempts to get access to political dissidents residing abroad.

“The government has also limited the freedom of the mass media, whereas the state media constantly ensure Rakhmon’s positive image ignoring the coverage of the opposition candidates and avoiding alternative viewpoints and criticism. The independent television does not exist in Tajikistan. The government’s actions undermine the freedom of assembly and the freedom of expression, thus raising the question about its adherence to fair and impartial presidential elections”, — says the statement issued by Human Rights Watch.

II. VIOLATION OF RIGHTS

 

1. Denial of access to information

 

2 October

Jamshed Marufov, editor, Radio Payvand, Khujand, Sughd province

Editor of Radio Payvand Jamshed Marufov approached the Customs Committee branch in Sughd province to receive information for his program on the topic of export and import in the region.

The journalist wanted to get the data mainly on the volumes of imported goods and customs fees for 9 months of 2013 in Sughd province. However, the head of the Sughd province Customs branch refused to provide the journalist with these data.

2. Breach of confidence during investigation and presumption of innocence

 

2 October

TV Shabakai Avval, TV Jahonoro, Dushanbe

The lawyers of Zaid Saidov, the Tajik entrepreneur and political opponent of President Rakhmon told the media at a press conference that they are going to apply to the Prosecutor’s Office regarding the unlawful broadcasts by two state TV companies defaming their client and violating the principle of presumption of innocence.

The lawyers refer to Article 361 of the Tajik Criminal Code (disclosure of information received during interrogation and preliminary investigation.

2. Violation of the freedom of expression

 

1 October

Sherafgan Latipov, press center, State Road Traffic Inspection, Dushanbe

Sherafgan Latipov, employee of the State Road Traffic Inspection’s press center told the media that the Interior Ministry initiated “a line-of-duty investigation” against him after he had given comments to Radio Ozodi (Radio Free Europe / Radio Liberty) about the situation in the area of traffic regulations in the capital.

III. CONFLICTS AND VIOLATIONS OF RIGHTS IN THE MEDIA

 

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

2 October

Olga Tutubalina, editor, Asia Plus weekly, Dushanbe

Inoyat Inoyatov, the lawyer of the Tajik private weekly Asia Plus and its editor Olga Tutubalina applied to the Firdausi district court in Dushanbe asking to check and reconsider the correctness of the complaints’ action.

Inoyatov told the media that the court should also demand properly processed proxy6 letters from complainants – the letters confirming that the complainants have been delegated the authority to represent engineers, technicians, doctors, professors, lawyers, employees of scientific and cultural institutions, public servants, etc.

“The Academy of Sciences, the unions of writers, composers, artists and architects have no legal authorities whatsoever to institute a suit on behalf of engineers, technicians, physicians and representatives of other professions; neither do they have anything like that written in their charters. The citizens Askarali Rajabov, Khikmar Rakhmatov and Dilbar Abdieva – as individuals – also do not have such a right or authority”, — added the lawyer.

7 October

Samak weekly, Dushanbe

The Firdausi district court in Dushanbe rejected the statement of claim against the Tajik weekly Samak. In June 2013, the poet and former chairman of the Tajik Union of Writers Askar Khakim applied to the court demanding moral compensation in the amount of 150 thousand Somoni ($1=4,75 TJS).

According to Samak’s lawyer, Inoyat Inoyatov, the court “shelved” the claim because it is not in compliance with formal requirements; otherwise, the claim is not supported by certain documents.

“The judge provided the claimant a chance to rectify mistakes and present the missing documents. Besides that, according to the legislation, the poet must pay a state fee in the amount of 7 percent of the amount, which he demands as moral compensation”, — said the lawyer.

On 20 March 2013, the Samak weekly published an article titled “The non-problematic Tajik intelligentsia”, where Askar Khakim “noticed criticism against him”.

14 October

Olga Tutubalina, editor, Asia Plus, Dushanbe

On 12 October, the Firdausi district court in Dushanbe held hearings on the case of “intelligentsia against Olga Tutubalina and Asia Plus”.

A representative of complainants stated that the Asia Plus weekly and its editor Olga Tutubalina should pay a moral compensation to three individuals – Askarali Rajabov, Dilbar Abdieva and Khikmat Rakhmatov; the Tajik Academy of Sciences demands official apologies.

At one of the hearings, Khikmat Rakhmatov stated that he is not familiar with the contents of Tutubalina’s article, but he “feels humiliated by the word “shit” in the article”. “I am concerned – because it touches upon my honor and dignity”, — he said. — “Yes, I am aware that my name is not mentioned there [in the article], and the whole story is about the arrival of Bozor Sobir [the poet] to Tajikistan”.

Answering the question of the lawyer regarding the definition of the word “intelligentsia” and “what he [Mr. Rakhmatov] has do with intelligentsia?”, he responded that “he came to the hearings, not to an exam…

Another complainant, Askarali Rajabov told the court that “he belongs to intelligentsia and this is enough”. “My honor and dignity are affected!” – he said.

The lawyer reminded the judge that the president of the Tajik Academy of Sciences and the chairman of the Union of Writers have not attended the hearings. (that was the fourth court session when the persons mentioned above did not attend).

2. Обвинение в вымогательстве и мошенничестве

 

29 October

 

Makhmadyusuf Ismoilov, freelance journalist, Asht district, Sughd province

The Asht district court in Sughd province started hearings on the case of Makhmadyusuf Ismoilov, freelance correspondent of the Nigokh weekly.

Ismoilov is being charged on the accusations of extortion (Article 250 of the Tajik Criminal Code). He is also accused of “embezzlement and fraud committed against individuals abusing of power”.

On 29 October, the court sentenced Ismoilov to 11 years in prison; the court also obliged the convict to pay more than 5 thousand Somoni (more than $1 thousand) to the complainants, to reimburse their losses.

The journalist’s lawyer Sadriddin Saidov told the media that the defence does not accept the court’s verdict considering it poorly grounded. “The verdict is based on allegations, and the collected evidence does not prove the guilt of the defendant. We are going to appeal against the verdict at the Sughd province court”, — he added.

3. Defamation, business reputation

 

29 October

TV Safina, TV Jahonnamo, TV Shabakai Avval, Dushanbe

The Ismoili Somoni district court in Dushanbe started hearings on the lawsuit lodged by the Islamic Renaissance Party (PIRT) against three state TV stations – TV Safina, TV Jahonnamo and TV Shabakai Avval.

The Party accused the TV stations of broadcasting programs defaming the reputation of PIRT.

Initially, the court obliged the State Broadcasting Committee to prepare its response to PIRT and to explain the actions of the three government TV stations.

PIRT’s lawyer told the media that the Party has presented sufficient facts and evidence confirming that the state television intentionally defames reputation of the influentioal opposition party.

On 29 October, the court dismissed the claim explaining that the programs broadcast by the government TV stations were produced by freelance journalists who do not work officially for the state television. The judge said that the TV programs were financed by local administrations.

The PIRT’s lawyer told the media that the Party is going to appeal against the cout’s decision.

Initially, the Islamic Renaissance Party applied to the court on 19 September. In its statement the Party said that “with the beginning of the election campaign, the State Broadcasting Committee conduct propaganda against PIRT actively using technical resources of the government TV stations. PIRT asked the defendants to apologize officially for the information campaign which defames and discredits the Party.

4. Plagiarism

 

22 October

Ilkhomjon Khamidov, deputy dean of the journalism faculty, Tajik National University, Dushanbe

Activists of social networks accused Ilhkhomjon Khamidov, professor of the Tajik National University of plagiarism.

On 19 October, Khamidov, the deputy dean of the journalism faculty published an article on the web site of Asia Plus news agency titled “Why do I vote for Emomali Rakhmon?”

Users of Facebook found “stolen segments” in Khamidov’s article. The professor used pieces from the speech of the Ukrainian President Victor Yanukovich (the speech was made in 2009). The Tojnews agency also published a reference to the original source – the speech of Victor Yanulovich.

5. Violation of ethical standards

 

7 October

All media, Dushanbe

The Tajik Media Council named the media outlets, which frequently violate ethical standards.

According to the Council’s observations and assessment, the main violators are the newspapers Charkhi Gardun, Zan va Mard, Oila, Muhabbat va Oila, and Mushfiki.

The Council also named other printing outlets – those who sometimes ignore the ethical principles. Among those are Naradnaya Gazeta, Minbari Khalk, Farazh, and Samak.

 

In September 2013, the Monitoring Service received 20 reports. Ten of them describe the factual situation in the media in the light of social, legal and political environment; four reports describe direct violations of rights of media professionals; and six 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 media6 Septmber

Shermuhammad Shohiyon, chairman of the Central Commission on Elections and Referenda in Tajikistan, Dushanbe

On 6 September, at a round table session, the head of the Central Commission on Elections and Referenda Shermuhammad Shohiyon called on journalists to be responsible and serious in covering the forthcoming presidential elections.

The official warned that the intentional dissemination of materials defaming the candidates and their election programs might lead to “undesirable consequences”. He asked journalists to timely provide the public with objective and comprehensive information on the election campaign.

6 Septmber

Akbarali Sattorov, chairman, the Union of Journalists, Dushanbe

“Journalists do not need any special body to protect themselves during the election campaign”, — said Akbarali Sattorov, chairman of the Tajik Union of Journalists and the member of the Central Commission on Elections and Referenda.

“We have heard some suggestions regarding the creation of a certain “headquarters”, which would protect journalists’ rights during the election campaign. I think there is no necessity in setting up such a unit”, — said Sattorov.

He added that the national legislation ensures the right of media professionals to get proper access to information.

6 Septmber

Akbarali Sattorov, chairman, the Union of Journalists, Dushanbe

In the presence of the chairman of the Central Elections and Referenda Commission, the head of the Union of Journalists described the rights of journalists during the election campaign. He also added that any violation of these rights will be considered by the prosecutor’s office and the court.

Sattorov reminded the audience that journalists and the media have the right to cover the elections; they can refer to opinions of different sides; they can attend polling stations, observe the electorate: however, they cannot agitate for any candidate; neither can they give any advice to voters.

7 Septmber

Emomali Rakhmon, President of Tajikistan, Dushanbe

In his speech at a meeting on the occasion of the National Independence Day, the President of Tajikistan Emomali Rakhmon called on all future candidates and the media to observe the principles of political correctness. The President expressed hope that the elections will be held in a transparent and democratic manner.

19 Septmber

Oynikhol Bobonazarova, presidential candidate

Oynikhol Bobonazarova, a candidate who represents the Tajik political opposition at the forthcoming presidential elections asked the media on Facebook to restrain from presenting her as a person who has had record of conviction.

“Some media say that I was convicted and then, amnestied. I am making an official statement that I was arrested in 1993; there was an investigation, but later, I was released. There was no any trial whatsoever, and only the court cad decide whether a person is guilty or innocent”, — she said.

19 Septmber

Saodat Amirshoeva, parliamentarian, Dushanbe

At the sessions held from 12 to 22 September, the lower chamber of the Tajik parliament met with representatives of the electorate.

According to Saodat Amirshoeva, a member of the lower chamber, some activists suggested to introduce amendments and changes in the national media law – inter alia, in the sections concerning the protection of honor and dignity of the Tajik nation.

The parliamentarian stressed that the dissemination of poorly verified information sometimes defames the Tajiks. “We observe the principles of freedom of speech and democracy, but journalists must realize that there also exists the presumption of innocence”, — she said.

2. Journalists protecting their rights

Septmber, 25

All media, Dushanbe

On 25 September, the Tajik Media Council, the National Association of Independent Mass Media and the Tajik Media Alliance published a statement expressing concern over the violation of ethical professional principles by the state TV stations, in particular by the Bakhoriston TV (broadcasting for children).

The statement says that “certain programs have turned into a platform for promotion of violence, which defames the nation of Tajiks in the eyes of the global community”.

The media organizations urged the government of Tajikistan to present a legal feedback on certain programs of the Tajik state television.

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

4 Septmber, 4

Embassy of Russia, Dushanbe

The embassy of Russia in Dushanbe issued a diplomatic statement accusing the Tajik media of discrediting the Russian Federation.

The statement on the embassy’s web site, says that certain articles published in the Tajik media create an impression that Tajik citizens are being hunted in Russia. “The frequency of such publications and the tone of the message are very alarming”, — the statement says.

The embassy of Russia has previously accused the Tajik media of defaming the Russian system. The Tajik authorities have also repeatedly protested against publications in the Russian media about the Tajik labor migrants who are often presented as troublemakers and criminals.

13 Septmber

Administration, Khatlon province

A new printing facility was put into operation in the city of Kurgan-Tube, Khatlon province.

The province administration allocated funds for procurement of the modern equipment. Saivali Saifulloev, told the media that the printing facility’s capacity is sufficient to regularly publish several newspapers with proper quality. It should be noted that so far, the province newspapers were published in Dushanbe.

28 Septmber

UNICEF country office, Dushanbe

The UNICEF country office in Tajikistan published a statement regarding a TV program “The path of hatred” broadcast by the Bakhoriston TV.

The UNICEF office urged the mass media to strictly follow professional and ethical standards while preparing TV programs containing messages, which could affect psychic, social, emotional, spiritual and moral development of children.

“Production and broadcasting of programs like the one in question contradict the requirements of the television friendly to children, oriented on the audience from 3 to 16 years of age”, — the UNCEF statement says.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Intimidations and threats

30 Septmber

Daler Sharipov, freelance journalist, Dushanbe

On 30 September the Ozodagon news agency (http://www.ozodagon.com) published an article titled “We are advised to keep silent… Why?” written by Daler Sharipov.

The author says that he has been receiving letters by e-mail containing threats. “The letters come from individuals unknown to me. They advise me to shut up and restrain from touching on “delicate issues”. After every publication, the “opponents” attach a label to me – presenting me as a supporter of this or that political or ideological group”, — the author said.

2. Unlawful limitation of access to information

13 Septmber

TV Safo, Moscow

Temur Varky, chief editor of the Safo TV informed the audience on Facebook that the TV station resumed broadcasting through the Hotbird satellite – 13 E 12380 V 27500.

Since 20 August, the Tajik authorities have jammed the TV channel on the territory of Tajikistan. According to Varky and his sources, the Tajik national broadcasting agency purchased special jamming equipment from China for that particular purpose.

3. Рассмотрение надзорной жалобы на решение судов нижестоящей инстанции

4 Septmber

Imruz News weekly, Dushanbe

The Dushanbe city court dismissed the complaint of the Imruz News weekly regarding the decision of the Ismoili Somoni district court, which ruled to fine the newspaper for defamation and insult.

III. CONFLICTS, VIOLATIONS OF RIGHTS

1. Protection of honor, dignity and business reputation

13 Septmber

Olga Tutubalina, editor, Asia Plus weekly, Dushanbe

Inoyat Inoyatov, the lawyer of the Asia Plus weekly told the media that the court dismissed the defendants’ motion regarding the non-acceptance of the lawsuit.

Inoyatov said that he asked the court to dismiss the motion because the organizations and individuals who presented themselves as complainants cannot be considered as legitimate complainants. The charters of these organizations do not contain proper provisions allowing them to present their claims on behalf of the national intelligentsia; individual citizens also have no right to act on behalf of the intelligentsia. However, the court did not accept the lawyer’s arguments.

Olga Tutubalina, who is battling the “libel and defamation” case after she broadly criticized Tajikistan’s official, state-supported “intelligentsia” in an article last summer. Tutubalina took to task members of government-funded creative unions for sycophancy, overlooking economic troubles, and for taking no position on most problems facing the country. The unions filed a case against Tutubalina and the newspaper, one of Tajikistan’s most respected, with claims she had personally insulted them. The government-funded Academy of Sciences is paying the legal fees.

20 Septmber

Khurshed Niyozov, Samak weekly, Dushanbe

The founder of the Samak weekly Khurshed Niyozov told the media that the court hearings on the case “Askar Khakim against Samak” is postponed because of failure of one of the parties to appear in court.

The chairman of the Tajik Union of Writers Askar Khakim filed a lawsuit against the Samak weekly and its editing board after the publication of an article “Non-problematic intelligentsia”. The writer demanded moral compensation in the amount of 150 thousand Somoni (about $30 thousand).

23 Septmber

State Broadcasting Committee under the government, Dushanbe

The Party of Islamir Renaissance of Tajikistan (PIRT) approached the Ismoili Somoni district court in Dushanbe with a letter of complaint against the State TV and Radio Committee under the government. (Asia Plus weekly, 23 September).

In its letter, PIRT expressed concern over frequent accusations by the state TV and radio stations defaming the opposition political party. PIRT states that such messages being broadcast through the government-controlled TV and radio stations contradict the national Constitution, as well as the media law and the law on political parties.

In its letter, apart from the State Broadcasting Committee, PIRT points to the other codefendants – TV Safina, Shabakai Avval, and Jahonnamo.

30 Septmber

Shukhrat Kudratov, lawyer, Dushanbe

Shukhrat Kudratov, the lawyer of Zaid Saidov, the Tajik entrepreneur and the founder of the opposition political party New Tajikistan who has been arrested on charges of fraud, corruption and other alleged crimes, told the Ozodagon news agency that he is going to file a lawsuit against the Tajik state television.

The lawyer stated that the state television and the Tajik law enforcement agencies have breached the principle of presumption of innocence depicting Zaid Saidov as a criminal, whereas his guilt has not been proven, and the court has not arrived to any decision.

 

Freedom of Speech in Tajikistan

August 2013

In August 2013, the Monitoring Service received 26 reports. Fourteen 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 six 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

30 August

Gaibullo Avazov, head of administration, Khatlon province

Head of the Khatlon province administration Gaibullo Avazov visited the printing facility in Vosse district.

According to Najot Safarzoda, the editor of the local newspaper Gulkhani Vose, the official promised to render logistical assistance to the facility and purchase modern printing equipment.

Safarzoda considers that the printing house in Vose district could accommodate other periodicals in the province providing them with services at a good level.

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

6 August

Asia Plus, media group, Dushanbe

The page of the Asia Plus media group on Facebook has gained five thousand “likes” by 6-th August. Asia Plus is within the ten most popular media resources on Tajikistan on Facebook.

According to the portal Socialbakers.com, the most popular are the web page of the US embassy in Dushanbe (43 thousand “likes”), the T-Cell mobile phone company (5,5 thousand “likes”), and the Asia Plus media group.

The Asia Plus’s FB page has more than 500 constant members participating in discussions.

According to independent monitors, the number of FB users is Tajikistan has reached 52 thousand.

7 August

Ruzi Nav weekly, Dushanbe

The private Tajik weekly Ruzi Nav has celebrated its 10-th anniversary.

The newspaper was closed by the authorities in 2004. Rajabi Mirzo, the editor of Ruzi Nav told the monitoring service that so far, the authorities have not explained the reason for the closure of the periodical. “Maybe, we will republish that particular issue – the one, which was printed in Bishkek in 2004 and confiscated at the Dushanbe airport upon arrival”, — he said.

12 August

TV Safo, Moscow

The first Tajik-language TV station started broadcasting in Russia.

Temur Varky, the editor of TV Safo told the monitoring service that the programs in Russian and Tajik are available through the Hotbird satellite – 11585/27500.

The editor explained that the new TV station is founded by representatives of the Tajik ethnic and business diasporas in Russia.

In summer 2012, a group of Tajik entrepreneurs in Moscow set up an online radio station called Mukhojir; its targeted audience is labor migrants.

13 August

Khamrokhon Zarifi, Ministry of Foreign Affairs, Dushanbe

The minister of foreign affairs of Tajikistan Khamrokhon Zarifi told the media that somebody has launched his fake page on Facebook.

“The owner of that account copied data from my timeline and placed it on his page. At present, the fake account sends out “friend requests”. I would like to ask the people to be careful and ignore the requests”, — the minister said.

Observers note that fake accounts in social networks are quite popular in Tajikistan. One can easily find a page of “Emomali Rakhmon”, “Rakhmatillo Zoirov”, Khojiakbar Turajonzoda” and a number of other politicians and spiritual leaders on Facebook.

14 August

Radio Asia Plus, Khujand, Sughd province

On 14 August, Radio Asia Plus started broadcasting in the northern city of Khujand, the administrative center of Sughd province.

The broadcasting covers Khujand and its satellite cities and settlements – Zafarabad, Chkalovsk and Bobojon-Gafurov district.

Asia Plus received technical support from the Babylon-T company. The potential audience in that region is 600 thousand listeners. At present, the total estimated audience of Asia Plus in the capital and its suburbs is about one million. Another estimated 500-600 thousand listeners reside in Khatlon province (Kurgan-Tube, Sarband, Vakhsh, Rumi and Bokhtar).

Asia Plus, the first independent radio company in Tajikistan, broadcasts in the 24/7 mode on the FM scale.

15 August

Jumkhuriyat, the government printing outlet, Dushanbe

The president of Tajikistan Emomali Rakhmon gave an errand to the government to make proper arrangements for the daily issuing of the Jumkhuriyat newspaper, the government’s official printing body.

Atoi Mirkhoja, the editor of Jumkhuriyat told the monitoring service that starting from January 2014 the periodical will be published five days a week.

19 August

Radio Mukhojir, Moscow

The media company Tajinfo has purchased a popular online radio channel Mukhojir.

The manager of Tajinfo Gufron vakhobov told the media that the procurement of the online radio channel implies further registration of the medium at the federal state body with potential rebranding.

According to the Tajik journalist Abubakri Faizali, Radio Mukhojir intends to reorient itself towards information-analytical programs, including consultative and legal talk shows for the target audience – Tajik labor migrants working in the Russian Federation.

At present, the online radio Mukhojir is available among the users of the Android-based devices (smartphones).

3. Journalists protecting their rights

14 August

All media, Dushanbe

The Tajik National Association of Independent Mass Media conducts a series of training sessions on the topic of “Strategic planning in the media”.

The first seminar was held on 11-13 August for journalists and media managers from Dushanbe and the southern regions of Tajikistan. Participants discussed various aspects of media strategies and the roles of stakeholders in the process of planning. At practical sessions, participants developed planning priorities for the media – both printing and electronic. The main sessions were conducted by Mark Beckerman from the UK-based organization Media Action.

The seminars are conducted within the frameworks of the project “Management in the Media and Safety of Journalistic Creative Activities in Tajikistan” financed by the Democracy Commission under the US embassy in Dushanbe.

17 August

All media, Khujand, Sughd province

On 14-16 August NANSMIT conducted a training session on the topic of “Strategic planning in the media” in the northern city of Khujand, Sughd province.

The seminar was attended by editors of local and regional newspapers, TV and radio companies.

23 August

All media, Dushanbe

The Tajik authorities have to purchase and distribute satellite dishes among ethnic Uzbeks residing in certain areas of Tajikistan.

According to the Tojnews.tj news agencies, administrations of some districts in Khatlon province, southern Tajikistan are interested in maintaining “information security” among the people, i.e. residents of those areas have no access to the Tajik state television. Sadullo Beknazarov, chairman of Kabodiyon district in Khatlon province told the news agency that the authorities have given satellite aerials to five thousand Uzbek families, and are going to purchase and distribute another five thousand satellite dishes to ensure access to the state TV for the residents.

26 August

Tajik Media Council, Dushanbe

The Media Council of Tajikistan issued an appeal addressed to all media professionals calling them to strictly observe ethical standards, especially during the presidential election campaign.

27 August

Asia Plus weekly, Dushanbe

The Tajik independent weekly Asia Plus and her editor Olga Tutubalina took a legal action against the claimants in the case “the Tajik intelligentsia against Asia Plus and Olga Tutubalina”.

In May 2013, Asia Plus published an article by Tutubalina where she expressed her personal opinion about certain representatives of the so-called Tajik intelligentsia”. The author criticized “intellectuals” for the absence of opinion, subservience and adoration of the authorities, and disregard for social, economic and political problems in the country. In response, the Tajik Academy of Sciences and several government-controlled creative unions decided to sue the newspaper and its editor; they also demanded monetary compensation for “moral damage”.

The lawyer of Asia Plus told the media that the intelligentsia’s lawsuit is ungrounded and illegal. “The author’s opinion reflects her own analytical thinking; it is based on personal opinions, thoughts and persuasions. Journalists cannot be persecuted for expressing their thoughts. Moreover, nothing is said in Tutubalina’s articles about any of the claimants; no particular names are mentioned in her publication”, — the lawyer said.

The lawyer also added that the claimants have no authority to act on behalf of the Tajik intelligentsia.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Ungrounded limitation in access to information

1 August

Association of Internet providers, Dushanbe

The Tajik National Association of the Internet Providers sent an official letter to Beg Zukhurov, head of the government Communications Service with a request to unblock access to the YouTube video hosting.

Youtube has been blocked since early June in Tajikistan. Experts see a relation between the blocking and the video filmed at a wedding party of the Tajik president’s son, Rustami Emomali. For a short period of time, the video had gotten half-a-million of clicks.

Asomiddin Atoyev, chairman of the Internet Providers’ Association told the media that a copy of this letter was also sent to the Secretariat on Information-communication Technologies under the President’s Office.

August, 13

All media, Dushanbe

The Tajik National Bank and the Ministry of Economic Development and Trade decided not to share information about the Tajik labor migrants’ remittances from abroad.

In July, these tow government institutions stated that in the future, they are not going to publish data about foreign remittances. Public officials explained that “this particular move is caused by the desire to avoid excessive politicization of reports about the remittances coming from abroad”. In their opinion, these data are often used as an argument to rebuke the Tajik authorities for “dependence and over-reliance on Tajik labor migrants”.

21 August

TV Safo, Moscow

Temur Varky, editor of the Moscow-based TV Safo told the Tojnews agency that the Tajik authorities have started jamming the TV channel on the territory of Tajikistan.

TV Safo started broadcasting on 8 August 2013.

26 August

Dodojon Atovulloev, leader of the Vatandor political movement, Moscow

Dodojon Atovulloev, the leader of the political movement Vatandor publishe a personal statement on Facebook expressing protest against the violation of basic rights in Tajikistan – namely the right to access to information. Atovulloev claims that the Tajik communications agency jams the K Plus TV broadcasting from the territory of Russia in a satellite mode.

“These actions are the violation of constitutional rights; this is a manifestation of disregard for the international standards and rules of information exchange”, — the author said.

In this regard, the Vatandor movement called diplomatic missions accredited in Dushanbe to paying closer attention to the rude violation of the international and domestic legislation and suppression of civil rights”.

2. Violation of labor rights

20 August

Abdukayum Auybzod, journalist, Dushanbe

The cassational court in Dushanbe dismissed the complaint of Abdukayumi Ayubzod, the former correspondent of Radio Ozodi who asked the court to restore him to his labor rights.

The court denied the request. The journalist’s lawyer told the media that his client is going to appeal to a higher judicial instance.

III. CONFLICTS, VIOLATIONS, ACCUSATIONS AGAINST THE MEDIA

1. Protection of honor, dignity and business reputation

15 August

Olga Tutubalina, Asia Plus weekly, Dushanbe

Representatives of the so-called Tajik intelligentsia (government-controlled creative unions) filed a lawsuit against the Asia Plus weekly and its editor Olga Tutubalina.

The claimants demand a moral compensation in the amount of 200 thousand Somoni for the article, in which the author criticized Tajik “intellectuals” for their attitude to social, economic and political problems in the country. The claimants stated that the money received as the “moral compensation” will be donated to orphanages.

On 27 August, the Firdavsi district court held preliminary hearings on the claim of the Tajik Academy of Sciences, the Union of Writers, the Union of Artists, the Union of Composers and the Union of Architects, as well as three individuals.

Shukhrat Kudratov, the lawyer representing the interests of Asia Plus and Olga Tutubalina told the media that the lawsuit contradicts the national Civil-procedural Code.

2. Requirement to observe the national media legislation

12 August

Najot weekly, PIRT, Dushanbe

On 7 August, the Tajik Ministry of Culture sent a warning to the Najor weekly, a periodical belonging to the Rarty of Islamic Renaissance of Tajikistan (PIRT).

The letter addressed to Khikmatullo Saifullozoda, the editor of Najot accuses the newspaper of publishing slanderous information. The minister culture warned that he reserves the right to approach the Ministry of Justice (the body in charge of registration of the media) and solicit the Ministry’s decision on revoking Najot’s registration as a medium.

The editor Saifullozoda told the media that the minister’s warning is caused by the recent article titled “Khorog…”. The editor considers that the publication of this article does not contradict the Tajik media legislation, and the Ministry exerts pressure groundlessly.

3. Accusation of religious extremism

20 August

Dodojon Atovulloev, journalist, Tbilisi, Georgia

The Tajik opposition activist Dodojon Atovulloev was detained at the Tbilisi airport following the Interpol warrant.

According to the Asia Plus news agency, Atovulloev is accused by the Tajiik authorities of religious extremism and terrorism. Atovulloev, the leader of the Vatandor political movement, told the media that he came to Georgia from Prague to hold meetings with certain politicians.

On 15 July 2013, Atovulloev was detained at the Sheremetyevo airport in Moscow upon arrival from Prague. After a few hours, he was released and returned back to Prague.

4. Demand to refute inadequate information

1 August

Muhiddin Kabiri, PIRT, Dushanbe

The leader of the Party of Islamic Renaissance of Tajikistan (PIRT) Muhiddin Kabiri send an official letter to Asadullo Rakhmonov, head of the government Broadcasting Committee. Kabiri demands official refutation of inadequate information disseminated through the government electronic mass media.

The letter says that the Tajik official TV and radio companies conduct a big-scale anti-PIRT campaign accompanied by libel and insults.

“These actions are unlawful, and they can undermine the national unity, peace and accord in the country”, — the letter says.

In his letter, referring to the Tajik laws “On political parties” and “On mass media”, Kabiri demands to create proper conditions for PIRT officials to publically refute the insulting accusations.

7 August

The government Broadcasting Committee, Dushanbe

Responding to the letter of Mukhiddin Kabiri, the government Broadcasting Committee said that “the state television does not conduct any “anti-PIRT propaganda”, and refused to provide broadcasting time to the opposition party.

The letter signed by Saidali Siddikov, the first deputy chairman of the Committee, says that the government electrocin media did not defame PIRT. Siddikov noted that PIRT refers to recent TV programs involving the national spiritual leaders. “Participants of those TV shows expressed their personal opinions using their constitutional rights…”, — the official said in his written response.

The Broadcasting Committee stressed that the TV companies cannot bear responsibility for individual opinions expressed in TV shows; thus, they cannot provide the floor for refutations.

 

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.

 

 

Freedom of Speech in Tajikistan

June 2013

In June 2013, the Monitoring Service received 24 reports. Twelve 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 seven 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

27 June

Emomali Rakhmon, President of Tajikistan, Dushanbe

The President of Tajikistan Emomali Rakhmon considers that every proud, honest and sane individual should always remember that the essence of the public opinion is a constructive and instructive word, which serves the interests of the people and our beloved country.

Presenting a speech at the state television on 26 June on the occasion of the National Unity Day, Emomali Rakhmon noted that “in current situation, under complicated circumstances, our country needs unity, peace and stability”. “In this regard, the political parties, public organizations and the mass media – for the purpose of protection of the national interests, security, political stability and the national unity of the Tajiks  – must be careful and cautious in the assessment and reflection of socio-political issues”, — stated Rakhmon.

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

3 June

Imruz news weekly, Dushanbe

The Imruz News weekly published an article (#93, 03.06.2013) expressing concern over the perspectives of creating the joint Tajik-Afghan-Iranian television.

Expensive broadcasting equipment delivered by Iran has been conserved by the Tajik customs service for seven months; the Tajik party expects payment of customs fees. The Iranian party, in turn, demands to ship back the expensive equipment.

Experts indicate very slow progress in creating the joint Persian-language TV company. Seven years ago, the presidents of the three countries came up with that initiative. However, in view of numerous problems (political, religious and cultural) the idea remains non-realized.

“The customs fees at the Tajik border is just another link in this chain of impediments”, — the article says.

6 June

K Plus TV, Kazakhstan

The satellite TV channel K Plus is available again in Tajikistan. Since 28 May, it has been jammed (allegedly, by the Tajik government communication service).

Not long ago, K Plus launched programs hosted by Dodojon Atovulloev, the Tajik oppositionist who criticized the president of Tajikistan Emomali Rakhmon and the government. Experts speculated on the relation between the blocking of the TV channel and those TV programs, but later, they came to the conclusion that it is technically impossible to jam the satellite TV signal from the territory of Tajikistan.

19 June

Freedom House, USA

The international human rights watchdog Freedom House has published a report on the development of the civil society in 29 countries in transition belonging to the region of Central Europe – Central Asia.

Tajikistan got the mark of 6,25 on the scale from 1 to 7, where “1” is the highest and “7” is the lowest mark. None of the former Soviet Republics got the highest mark.

The report covers the period from 1 January to 31 December 2012. The democracy development rating is composed of evaluation of the election processes, the civil society, independence of the mass media, the state and local authorities, independence of the judicial system and the level of corruption.

Freedom House reports that the “civil society” rating has deteriorated in Tajikistan because of continuous persecutions of religious leaders and Islamic groups.

In 2012, regardless the decriminalization of libel, Tajikistan went down in the category “independent mass media” – because of the abrupt growth of censorship in the online media and social networks. That was especially obvious after the wide-scale military operation in Gorno-Badakhshan Autonomous Province GBAO.

3. Journalists protecting their rights

June 06

Safvat Burkhonov, freelance journalist, Dushanbe

The Tajik freelance journalist Safvat Burkhonov declared a hunger strike in response to the political, economic and social situation in the country.

The journalist demands replacement of the leaders responsible for failures in the national economy; he states that the country must be withdrawn from the artificial isolation, which resulted from unsuccessful and short-sighted foreign policy; he also demands to conduct a reform in the military forces.

Safvat Burkhonov worked in the Tajik newspapers Nerui Sukhan, and SSSR; he is the founder of the NGO Salom, which main goal is to mitigate tension between Dushanbe and Tashkent.

20 June

All media, Khatlon province

Journalists in Khatlon province are planning to create a regional press club.

According to Khamro Salimov, chair of the province branch of the national Union of Journalists, the first meeting will be convened in July. Media professionals are going to discuss the issues of professional ethics and communication with the authorities.

20 June

All media, Dushanbe

A round table session “Preventing radicalism among the youth: the experience of Germany” was conducted in Dushanbe by the National Association of Independent Mass Media under support of the Conrad Adenauer Foundation, Germany.

After the presentation of the book written by V. Schmidt “The youth, Germans, Taliban”, participants discussed the issues of contemporary radicalism and the art of music as a means against radicalism.

21 June

All media, Dushanbe

The National Association of Independent Mass Media held a round table session in Dushanbe on the topic “Reevaluating the Legacy of Stalin”. The event was supported by the Conrad Adenauer Foundation in Central Asia.

The german publicist Christoph Links made a presentation on the German experience of reevaluating the historical legacy of the German Democratic Republic.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Ungrounded limitation of access to information

6 June

Asia Plus weekly, Dushanbe

The Asia Plus weekly (#42, 06.06.2013) published an editorial titled “When there’s nothing to answer…” criticizing the government ministries and agencies for violating the media legislation.

The author of the publication refers to a recent example – journalists tried to find statistical data on the number of newly created enterprises, which the President Emomali Rakhmon talked about in his annual message to the parliament. The President mentioned the figure 2,200 (enterprises), and 58 thousand new jobs. Journalists approached the Ministry of Finance and the State Statistics Committee asking about the location of those enterprises, but received no answer.

“The state agencies have nothing to say – because those enterprises do not exist at all; maybe some of them had been opened as “window dressing” and were closed shortly afterwards”.

2. Violation of labor rights

 

4 June

Abdukayum Ayubzod, Dushanbe

On 4 June, at a court session on the civil case of Abdukayum Ayubzod against Radio Ozodi (Radio Free Europe / Radio Liberty), a representative of the Tajik Foreign Ministry Murodbek Aslamov told about the reason for termination of the journalist’s accreditation.

The official stated that the Ministry of Foreign Affairs is not obliged to explain the reasons of its decision, however, out of respect to the court, it can provide the answer. The official said that the journalist had been warned about the expiration of his accreditation and he should have stopped working for Radio Ozodi until the obtainment of new accreditation.

Kayumzod responded that he was not informed about that decision, and the managers of Radio Ozodi permitted him to continue his professional activities.

Faizinisso Vokhidova, the journalist’s attorney asked the court to reinstate her client in his former position and compensate his losses for the period when he could not perform his duties.

III. CONFLICTS, VIOLATIONS OF RIGHTS

1. Protection of honor, dignity, business reputation, moral compensation

6 June

Samak weekly, Dushanbe

The Tajik poet Askar Khakim filed a defamation suit against the private Samak weekly (printing outlet of the Center of Journalistic Investigations; founded in 2011) demanding a moral compensation in the amount of 150 thousand Somoni ($1=4,75 TJS).

According to Jasur Abdulloev, editor of Samak, the complainant refers to the publication titled “The Tajik non-problematic intelligentsia”. “We wrote about the Union of Artists, but because of a misprint, it said “the Union of Writers”. In the next issue, we apologized for the technical mistake; moreover, we published two refutations by Askar Khakim”.

10 June

Imruz News weekly, Dushanbe

The municipal court in Dushanbe dismissed the complaint lodged by Imruz News against the decision of the Ismoili Somoni district court.

On 25 February 2013, the district court obliged the Imruz News weekly to pay a moral compensation of 50 thousand Somoni to Rustam Khukumov for a publication “defaming his honor and business reputation”.

17 June

Olga Tutubalina, editor, Asia Plus weekly, Dushanbe

Several government-controlled creative unions and universities expressed their intention to lodge a complaint against Olga Tutubalina, editor of the Asia Plus weekly.

Mekhmon Bakhti, the chairman of the Union of Writers has confirmed this intention adding that the decision was made at a joint meeting of the Tajik Academy of Sciences, rectors of universities and creative unions. Asia Plus published an article by Tutubalina where she criticized the Tajik intelligentsia for servility and the absence of civil position on the socio-economic situation in the country.

On 24 June, Mekhmon Bakhti told Asia Plus weekly that the media disseminate incorrect allegations – if Olga Tutubalina brings official apologies, the creative unions will not lodge a file against her.

2. Accusation of extortion

 

27 June

Makhmadyusuf Ismoilov, regional correspondent, Nigokh weekly, Sughd province

The Tajik Interior Ministry made an official statement about the arrest of Makhmadyusuf Ismoilov, correspondent of the Nigokh weekly in Asht district, Sughd province.

According to the report on the Interior Ministry’s web site, on 24 June, Sanavbar Akhadova, a resident of Asht district approached the police with an extortion complaint against Ismoilov. The complainant stated that the journalist asked her to pay him an amount of $100 – otherwise, he would disseminate information defaming her reputation.

The Interior Ministry also reports that Ismoilov was arrested during an operation, when he was receiving an amount of 800 Somoni from the complainant. The prosecutor’s office initiated an investigation according to the Article 250, part 1 (extortion) of the Tajik Criminal Code.

Makhmadyusuf Ismoilov has been charged in November 2010 and spent 11 months in custody. He was accused of libel, defamation and incitement of ethnic hatred. The court acknowledged his guilt, but later he was amnestied.

Eraj Amon, the manager of Nigokh told NANSMIT that Ismoilov’s case is “pre-orchestrated”. “Makhmadyusuf Ismoilov is not a member of our staff; he is a freelance journalist. Apart from his creative activities, he has been promoting our newspaper in Sughd province; due to his efforts our circulation in that region has increased essentially. People who sell newspapers in Sughd province used to intimidate him, seeing him as their rival in that business”.

 

In May 2013, the Monitoring Service received 23 reports. Ten of them describe the factual situation in the media in the light of social, legal and political environment and thirteen reports describe direct violations of rights of media professionals.

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

Ban Ki-moon, UN Secretary General, New York

“Celebrating the World Press Day, let us promise to do everything depending on us so that journalists of all media could perform their work”, — said Ban Ki-moon, the UN Secretery General.

“The topic of the World Press Day this year is “To speak the truth with no fear: to ensure the freedom of speech in all mass media”, and this is the evidence of a necessity to take measures and confirm the right of journalists to perform their vitally important work”, — the statement says.

The statement also describes numerous incidents and attacks on media professionals all around the World. Governments, corporations and criminals want to shut them down, to introduce censorship; they intimidate journalists.

More than 600 journalists have been killed in the last decade; more than 120 journalists – only during the last year. Hundreds of journalists have been arrested. Influential forces apply various means: physical attacks, cyber hounding, etc.

Journalists working for traditional mass media as well as their colleagues publishing their articles in social networks and blogs find themselves in risk zones more and more frequently. The United Nations has endorsed a plan on protecting journalists. The purpose of this plan is to strengthen public awareness and ensure practical measures on creating safe environment for media professionals.

3 May

Catherine Ashton, High Representative of the Union for Foreign Affairs & Security Policy/Vice-President of the European Commission, Brussels

Catherine Ashton, High Representative of the Union for Foreign Affairs & Security Policy/Vice-President of the European Commission published a statement on the occasion of the World Press Day on behalf of the European Union.

Inter alia, the statement says the following: “Celebrating the 20-th anniversary of the World Press Day, the European Union pays a tribute to journalists all over the World, expressing respect to those who sometimes bear personal losses in the line of duty while covering events or expressing their thoughts.

The free, independent and dynamic media are indispensable in any democratic society. The European Union is determined to fight for the freedom of press all over the World. We condemn intimidations, violence and censorship, which journalists face in many countries.

The freedom of expression must be protected in traditional mass media, as well as in the Internet. The European Union will continue to support the freedom of expression in the online mode and in the autonomous mode; new technologies can become crucial in promoting human rights and democracy. The European Union will continue to condemn violations of the freedom of expression so that journalists all over the World would freely perform their professional duties.

May 2

Nuriddin Karshiboev, chairman of NANSMIT, Dushanbe

The chairman of the Tajik National Association of Independent Mass Media (NANSMIT) called on journalists to restrain from cooperating with Radio Ozodi (the Tajik service of Radio Free Europe / Radio Liberty).

“On 22 April, Radio Ozodi dissolved the labor agreement with Abdukayum Auybzod in a unilateral procedure, which contravenes the Tajik legislation. We want to ensure observance of rights for Tajik media professionals. I apply to journalists and experst seeking their support for Abdukayum Auybzod who has made so much for Radio Ozodi”, — said Karshiboev.

May 04

All media, Dushanbe

Makhmudjon Saraev, senior specialist of the President’s Office information-analytical department told journalists at a press conference about the implementation of the President’s Decree “On measures to be taken by public officials in response to criticism in the media”.

The official said that even before the Decree was endorsed, most of the government institutions had their press offices in charge of contacts with the media. At the level of administrative centers and towns, the functions of press secretaries are performed by deputies of heads of municipalities.

The Decree issued in February 2009, pursues the goal of constructive cooperation between ministries, enterprises, executive authorities and the mass media.

May 5

Rakhmatillo Zoirov, chairman of the Social-democratic Party, Dushanbe

The Social-democratic Party of Tajikistan has supported the initiative of a number of media organizations to boycott the activities of Radio Ozodi (Radio Free Europe / Radio Liberty) in the country.

The media organizations called on journalists and experts to stop communicating with the radio station until its managers resolve the issue of labor contract with Abdukayumi Ayubzod.

Rakhmatillo Zoirov, chairman of SDPT told the media that Radio Ozodi, which is financed by the US government, does not observe democratic requirements and fails to protect the rights of its employees.

In this regard, SDPT intends to send an official letter to the US embassy in Dushanbe with a request to assist in solving this issue.

2. Journalists protecting their civil and professional rights

2 May

All media

The Tajik media community declared boycott to Radio Ozodi (Radio Free Europe / Radio Liberty). According to the Millat weekly (#18, 01.05.2013), the boycott will continue until Abdukayum Ayubzod, the correspondent of Radio Ozodi is restored to his former position in a judicial proceeding.

The boycott was supported by the National Association of Independent Mass Media, by the Media Council and the Media Alliance of Tajikistan.

3 May

All media, Dushanbe

At a National Conference on the occasion of the International Free Press Day organized by the Tajik Media Council under support of the OSCE Office in Dushanbe, participants voiced an initiative on transferring Articles 330 and 137 (“insult of public officials” and “public insult of the President”, respectively) from the Criminal Code to the Civil Code.

Junaid Ibodov, the well-known Tajik legal expert said that the decriminalization of Articles 135 and 136 of the Tajik Criminal Code (related to “defamation” and “libel”) caused “premature euphoria”. “Article 330 remains the main “enemy” of the freedom of speech and expression. Applying this Article, public officials can continue persecuting journalists”, — he said.

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

4 May

Freedom House, the US non-governmental organization

The US NGO Freedom House published its annual report describing and analyzing the freedom of the media in 2012 around the World.

The report covers 197 countries grouped by the following categories: free countries (from 0 to 30 points); moderately free (from 31 to 60 points) and constrained (from 61 to 100 points).

Tajikistan has “gained” 79 points, “lagging behind” Russia by one point.

17 May

All media

Foreign human rights watchdogs and media organizations jointly with the Tajik National Association of Mass Media (NANSMIT) issued an public statement asking Mr. Kevin Klose, the acting director of Radio Free Europe/Radio Liberty to set up an independent commission for studying the situation in the Kazakh, Tajik, Turkmen and Uzbek services of RFE/RL.

The statement issued on 15 May, says that the crisis within Radio Liberty leads to limitations in the freedom of the media in Central Asia. Reports of the Kazakh and Turkmen services duplicate publications of the government media. The shortwave broadcasting on Uzbekistan has essentially reduced; labor rights of the Kazakh and Tajik correspondents are repeatedly violated.

“RFE/RL is a medium, which should be a major conductor of democratic values, but the violation of labor rights and infringement of the international standards of the media freedom cause concern among journalists and human rights activists”, — the statement says.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Protection of labor rights

2 May

Khurshedi Khamdam, head of Radio Ozodi, Dushanbe

Khurshedi Khamdam, head of the Tajik bureau of Radio Ozodi told the ImruzNews weekly (#71, 29.04.2013) that he was trying his best to reinstate Abdukayum Ayubzod in the position of correspondent.

“Regrettably, nothing depends on me. The Tajik foreign ministry does not want to prolong his accreditation, and thus, we had to terminate the labor agreement with him”, — said Khamdam.

15 May

Abdukayum Ayubzod, journalist, Dushanbe

The case of Abdukayum Ayubzod, correspondent of Radio Ozodi will be investigated by the Ismoili Somoni district court in Dushanbe.

Faizinisso Vokhodova, the lawyer representing her client told journalists that they intend to demand reinstatement of Ayubzod in his former position and compensation of the salaries, which he did not received while he was illegally suspended from duties.

2. Unlawful limitation of access to information

7 May

Nahzat.tj, web site of PIRT, Dushanbe

The Party of Islamic Renaissance Party of Tajikistan (PIRT) sent an official letter to Beg Zukhurov, head of the government communication service asking the official to explain the reasons of blocking the Party’s web site – www.Nahzat.tj

Access to the web site has been blocked since 25 April. According to Saidumar Khusaini, representative of PIRT and member of the Tajik parliament, the domestic Internet providers do not comment on that either.

After a while, PIRT received an official response signed by the head of Communication Service saying that his agency has not given any errands to the Internet providers. “It might be feasible to contact the Internet provider with whom you are having an agreement”, — Zukhurov said in his letter.

PIRT considers this response illogical. The Party has an agreement with one particular company – Babilon-T. But the problems exist with other providers – ТСеll, Beeline, Megafon, Saturn Online, Istera, and others.

It would not be logical either to conclude contracts with the Internet providers. PIRT says that access to the web site is blocked only on the territory of Tajikistan. PIRT has also stated that it will apply to the court unless the problem is resolved in the near future.

15 May

Ozodagon news agency, Dushanbe

The Samak weekly (#20, 15 May 2013) published an article titled “What Beg Zukhurov can tell?”, raising the issue of access to the web site of the Party of Islamic Renaissance of Tajikistan (PIRT) and the web site of the Ozodagon news agency.

Referring to the executive director of Ozodagon, Samak says that independent experts cannot establish the reasons for blocking the web sites. Beg Zukhurov is a very peculiar public official; usuallyб he is quite reluctant to comment on his decisions affecting access to online sources of information.

16 May

Zvezda, Russian radio station, Dushanbe

On 3 May, the 201-st Russian Motorized Division deployed in Tajikistan terminated the broadcasting of Radio Zvezda (Asia Plus weekly, #33, 06.05.2013).

Deputy head of the Tajik State Broadcasting Committee Samad Khikmatov told Asia Plus that the Russian military division maintained illegal rebroadcasting of a foreign electronic medium. According to the official, Tajikistan cannot give a broadcasting license to foreign citizens.

21 May

www.kplus-tv.net – web site of the K Plus TV

Access to the recorded TV programs on the web site belonging to the K Plus TV channel is blocked. The first deputy head of the Tajik government communication service Rafikjon Shokirov told the Ozodagon weekly that his agency has nothing to do with this technical problem.

The communication service denies its relation to the blocking of the web site. It should be noted that the web site was blocked after a TV program (on 19 May) depicting the festive wedding of Rustam Emomali, the son of the Tajik president Emomali Rakhmon. The video segments were accompanied by comments of the Tajik oppositionist Dodojon Atovulloev.

27 May

Video portal YouTube

According to Asomiddin Atoev, chairman of the Tajik National Association of Internet Providers, access to the popular online portal YouTube has been blocked since 27 May. Only one of the six domestic Internet providers has not blocked access to YouTube.

“We asked Beg Zukhurov, the head of the government communication service about the reason for blocking. Neither the official, nor his deputies are willing to to comment on that; but the Internet providers received a written errand from the communication agency”, — said Atoev.

This is the third blocking of YouTube in Tajikistan since July 2012.

29 May

K Plus TV

The Tajik government communication service has been jamming the K Plus TV channel broadcasting from the territory of Kazakhstan.

The communication agency officials deny their relation to the jamming, adding that “…the problems of broadcasting as well as access to the K Plus web site are “internal technical  problems” of the TV channel”.

4. Unlawful summoning of journalist

 

27 May

Ramziya Mirzobekova, Asia Plus weekly, Dushanbe

On 27 May, the State National Security Committee summoned Ramziya Mirzobekova, correspondent of the popular weekly Asia Plus “for an interview”.

According to Mirzobekova, she required the Committee to send her an official subpoena. The subpoena was delivered a few days later. On her personal Facebook page, the journalist shared details of the conversation with law enforcement officials. The national security officers asked her about her professional activities, and at the end of the conversation, stated that her publications in Asia Plus can jeopardize the national security – referring to articles about the recent developments in the city of Khorog, the administrative center of Gorno-Badakhshan Autonomous Province.

Mirzobekova was also questioned with regard to her affiliation to the recently established Coalition for Democracy and Civil Society. The national security official reminded her that in the early 1990-s, such “organizations” brought the country to the civil war.

On her Facebook page, the journalist also described “friendly conversations” practiced by law enforcement agencies as intimidation and violation of the freedom of expression.