In May 2012, the Monitoring Service received 25 reports. Fourteen of them describe the factual situation in the media in the light of social, legal and political environment; eight reports describe direct violations of rights of media professionals; and three reports describe conflicts and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

3 May
All media

On 3 May, the UN Secretary General Ban Ki-moon and the UNESCE Secretary General Irina Bokova issued a joint statement on the occasion of the International Press Day.

The main message in this statement is that “Freedom of expression is one of our most precious rights. It underpins every other freedom and provides a foundation for human dignity. Free, pluralistic and independent media is essential for its exercise”.

“Media freedom entails the freedom to hold opinions and to seek, receive and impart information and ideas through any media and regardless of frontiers, as stated in Article 19 of the Universal Declaration of Human Rights. This freedom is essential for healthy and vibrant societies”, — the statement says.

The full text of the document is available at: http://unesdoc.unesco.org/images/0021/002160/216003e.pdf

31 May
The Parliament of Tajikistan, Dushanbe

On 31 May, deputies of the Tajik Parliament’s lower chamber unanimously supported the initiative of the President Emomali Rakhmon on abolishing Articles 135 and 136 (libel and insult respectively) of the Tajik Criminal Code.

Makhmadali Vatanov, head of the legislation and human rights committee under the Parliament said that “decriminalization of the articles in question will be for the benefit of the freedom of speech and democracy”.

2. Factual situation in the media and freedom of speech

2 May
Freedom House, US-based NGO

Tajikistan is rated 171-st among the 197 countries in the Freedom of Press rating of the US-based NGO Freedom House.

According to the latest report issued by the organization, Russia and Azerbaijan are sharing the 172-nd position; Kazakhstan is rated 175-th, Belarus is 193-rd. Among the CIS countries, the lowest position belongs to Uzbekistan and Turkmenistan (195 and 196 respectively).

Freedom House conducted assessment in 197 countries around the globe; 66 countries are acknowledged as “fully free for the media”; 72 countries are seen as “partially free”; and 59 countries are non-free.

2 May
All media

The Tajik weekly Nigokh (#16, 2 May 2012) has published an article “Freedom and money” presenting an analysis of the financial environment of the Tajik printing media and the radio. The author states that the domestic media are financed by the government or by their founders. For example, the government newspaper Jumkhuriyat is published thrice a week (31 thousand copies). The so-called “independent” (private) newspapers are published mainly once a week; they keep afloat mainly due to advertisement and financial support from their founders.

The author also says that private newspapers are more popular and objective. The official government outlets publish mainly resolutions adopted by the President, the government and the Parliament, and eulogistic articles praising high-ranking officials.

The author comes to the conclusion that the government should seriously think about the information security and support the independent media.

28 May
Amnesty International

The international organization Amnesty International in its report on the situation in Tajikistan says that 2011, the government kept suppressing the independent mass media, it did not impede the spread of violence against women and did not support victims of violence.

The organization also observed the legal cases of Urunboi Usmanov, the BBC correspondent and Makhmadyusuf Ismoilov, correspondent of the Nuri Zindagi weekly. Usmanov was accused of collaboration with the extremist organization Hizb-ut-Tahrir, and Ismoilov spent many months in detention for “defaming” a public official.

Due to the interference and support of foreign human rights watchdogs and local media organizations, both journalists were released.

3. Journalists protecting their civil and professional rights

3 May
All media, Dushanbe

The Open Society Institute and the OSCE office on Dushanbe organized a conference in Tajikistan “Independent media: problems and potential solutions”. The conference was dedicated to the International Free Press Day.

Participants of the conference discussed a number of topical issues, such as the need of decriminalization of particular articles in the Tajik criminal code impeding the development of the mass media, the new draft law on the media, transition to digital broadcasting, etc.

16 May
The Nigokh weekly, Dushanbe

The Nigokh weekly (#8, 16 May) published the text of recommendations developed by Tajik media organizations at the national conference on the occasion of the International Free Press Day.

In their recommendations, media professionals supported the initiative of the President Emomali Rakhmon on decriminalization of Articles 135 and 136 of the Tajik Criminal Code. The media organizations also propose for the government to consider adopting particular incentives for the media.

18 May
The Tajik Media Council, Dushanbe

The Tajik Media Council presented its proposals to the government targeted to strengthening the freedom of speech. Khilvatshokhi Makhmud, Secretary General of the Media Council, told Radio Ozodi (Radio Free Europe / Radio Liberty) that the recommendations presented to the government were jointly developed at the recent conference involving independent experts, representatives of the government and media professionals.

Mr. Makhmud also said that the list consisting of twelve proposals was also sent to the ministries of justice and culture, to the Justice Council, the TV and Radio Committee under the government and to the state communications service.

26 May
All media, Dushanbe

The Tajik National Association of Independent Mass Media conducted a training session on the topic “Free access to information for printing media editors in Central Asia”. The event was supported by UNESCO and the Kazakh human rights organization Adil-Soz.

Participants learned about methodologies and mechanisms of access to information.

25 May
Reporters Without Borders, Paris, France

A young journalist Daler Sharipov who works for TV Safina received financial assistance in the amount of $300 for medical treatment.

On 25 May, chairman of NANSMIT Nuriddin Karshiboev handed over the money to the young journalist, a victim of unknown assailants who attacked him earlier this month.

“The young journalist has suffered for his civil principles and professional activities”, — said Nuriddin Larshiboev.

II. VIOLATIONS OF RIGHTS IN THE MEDIA

1. Impediments to professional activities

18 May
TV & Radio Company Asia and TV and Radio Company Jahonoro, Khujand, Sughd province

Two Tajik TV companies filed a joint lawsuit against the international airport in the city of Khujand.

According to the lawyer Mukhabbat Juraeva who represents the broadcasting companies, the airport security officers are accused of violation of the constitutional right – namely, the access to information.

ON 4 March 2012, TV journalists were trying to learn about the reasons for delay of a plane. Security officers were rude, impolite and aggressive.

The complainants are seeking 100 thousand Somoni (about $23 thousand) in damages; besides that, they demand public apologies from the Khujand airport administration.

31 May
Ozoda Rakhmonova, deputy foreign minister, Dushanbe

On 25 2. Attack on a journalist

10 May
Daler Sharifov, TV Safina, Dushanbe

On 8 May, the journalist of TV Safina Daler Sharifov was attacked by unknown assailants. According to the journalists relatives, Daler and his friend went to a food store; several young men attacked them; and Daler regained consciousness in a hospital.

According to the law enforcement agency, one of the suspects is arrested, and Daler’s friend identified him. The Asia Plus news agency correspondents tried to receive comments from the Interior Ministry’s press service, but the attempt proved to be vain.

Daler’s relatives and friends say that the journalists was receiving phone calls and SMS messages with threats from anonymous individuals who insisted on having a meeting.

Daler Sharipov is a student at the Tajik National University, journalism faculty,. He also host a program Muoshirat at the state Safina TV channel. Besides that, he is the founder of an unregistered public movement Kadam Ba Kadam (step by step), which main goal is to fight corruption and nepotism.

16 May
Millat weekly, Dushanbe

The Millat weekly (#20, 16 May 2012) published an article about three cases of attacks against Tajik journalists, which took place in a very short period of time. The journalists who were beaten by unknown assailants are Daler Sharifov, correspondent of TV Safina, Ravshan Yormakhmadov, a member of the Tajik Union of Journalists and Salim Shamsiddinov, chairman of the Uzbek Ethnic Society in Khatlon province.

According to Millat, all these cases are planned actions targeted against journalists to intimidate them.

23 May
All media, Dushanbe

The Tajik media organizations express concern over the recent attacks against journalists. On 23 May, the Tajik Union of Journalist, the National Association of Independent Media, the Tajik Media Alliance, the Media Council, the Tajik Memorial Fund for Journalists and the public union “Journalist” issued a joint statement.

“Early in May, the media reported about three attacks against journalists and writers: Daler Sharifov, correspondent of TV Safina, Salim Shamsiddinov, chairman of the Uzbek Ethnic Society in Khatlon province and Ravshan Yormakhmadov, a member of the Tajik Union of Journalists”.

The Tajik media organizations called on the law enforcement agencies to conduct a thorough investigation, find the criminals and inform the public about the results.

3. Accusation of libel

31 May
Asia Plus weekly, Dushanbe

Head of the Renaissance Capital company Ismoil Rajabov filed a lawsuit against Khairullo Mirsaidov, the correspondent of the Asia Plus weekly and against Khairullo Khusainov, the representative of the Iranian company Vitana.

According to Rajabov’s lawyer, his client demands to bring the journalist and the entrepreneur to criminal responsibility on Article 135. part 3 (libel and accusation of committing grave crimes).

On 23 December 2010 and on 24 April 2012, the Asia Plus weekly published the articles “Relatives of honorable people” and “Relatives of honorable people — II”, where the head of Renaissance Capital is accused of racketeering and fraudulent appropriation of assets belonging to the Vitana Company.

On 27 December 2011 (long before the publication of the second article), the court dropped the charges against Ismoil Rajabov on three Articles of the Tajik Criminal Code – 246 (misappropriation of a loan), 268 (illegal use of funds), and 340 (document forgery).

In April, Asia Plus published another article saying that the Prosecutor General’s Office is going to launch another investigation into the case.

Khairullo Mirsaidov, the author of the articles says that he is ready to face the trial since his publications contain no libel. “I used the data received at a press conference held in December 2010 by the Iranian company and by the Iranian Embassy in Dushanbe”, — he said.

III. CONFLICTS, VIOLATIONS AND ALLEGED CRIMES

1. Protection of honor, dignity and business reputation

17 May
The Sino district court, Dushanbe

The Millat weekly (#20, 16 May 2012) reported that the judge of the Sino district court in Dushanbe sent a response to the article published on 18 April. The author of the article criticized the Tajik courts and judicial proceedings.

The judge required official apologies from the author Sadriddin Yorov; otherwise, the judge promised to file a lawsuit against the journalist and the newspaper on behalf of the judicial bodies.

In April 2012, the Monitoring Service received 21 reports. Twelve 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 five reports describe conflicts and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

19 April
Emomali Rakhmon, President of Tajikistan, Dushanbe

On 15 April 2012, at the opening ceremony of the Moscow Metallurgy Institute in Dushanbe, the President of Tajikistan Emomali Rakhmon called on the media to be objective in their coverage of the Tajik-Russian cooperation.

“I want to ask of the Russian media to broadcast realistic information about our bilateral cooperation and the conditions of living for ethnic Russians in Tajikistan. I’ve got to say that the Russian society does not have real information about Tajikistan and about the level of cooperation between Tajikistan and Russia. For many years, this information has been distorted despite our efforts”.

According to Rakhmon, Russia has in Tajikistan the things, which it does not have in any Central Asia country. As an example, he mentioned the 201-st motorized division and the space surveillance facility “Okno”. The Tajik leader urged journalists to cover the military and technical cooperation between the two countries, as well as Tajikistan’s membership in the Collective Security Treaty and the CIS.

2. Actions of public officials defining the factual situation in the media

25 April
Bek Zukhurov, chairman of the government communication service

According to the Millat weekly (#17, 25.04.2012), the chairman of the government communication service Bek Zukhurov told the media on 23 April in Dushanbe that access to the web sites Maxala.org, Tjknews.ru and Ctntrasia.ru is unblocked. Previously, the communication authorities referred to “technical reasons” for blocking access to certain web sites.

3. Factual situation in the media and freedom of speech

11 April
The Ozodagon weekly

The Ozodagon weekly (#14, 11 April 2012) criticized the Tajik government television for dull and boring programs. The state TV stations broadcast mainly reports and programs covering celebrations of Navruz (the ancient holiday of spring equinox) in the capital and in country regions.

23 April
The Ozodagon information agency, Dushanbe

The information agency Ozodagon received its official registration in Russia, Kazakhstan, Kyrgyzstan and Iran.

Ozodagon is the first private Tajik news agency accredited abroad. The agency was registered in 2011; it opened its web site; at present, it presents information in Tajik and Russian languages.

The founder of Ozodagon Zafari Yusufi told the media that his agency is going to register in Uzbekistan, but he is not very optimistic about this idea (because of political frictions between Tajikistan and Uzbekistan).

25 April
People’s Democratic Party of Tajikistan, Dushanbe

The ruling People’s Democratic Party of Tajikistan (PDPT) announced the postponing of opening of its radio channel because of financial problems. (Asia Plus, #31, 25.04.2012).

Usmon Solekh, head of the Party’s public relations unit told Asia Plus that his colleagues clearly understand that PDPT has no funds to cover expenditures for the radio. He added that the budget of the Party is being replenished mainly due to the selling of its official weekly newspaper – Minbari Khalk, which has the highest circulation in Tajikistan – 45 thousand copies.

There are eight political parties in Tajikistan. None of them has its own broadcasting body.

23 April
The Khaksuz weekly, Dushanbe

The Uzbek ethnic society in Tajikistan has renewed publication of its newspaper Khaksuz. After fifteen years of inactivity, the periodical received registration at the Ministry of Culture.

Otabek Goibov, a representative of the newspaper told the media that Khaksuz will be printed once a week; the circulation will be 1,500 copies.

Khaksuz appeared in the early 1990-s; in 1997, it was closed.

4. Journalists protecting their civil and professional rights

3 April
The Sughd province Interior Department

Lieutenant colonel Vakhobov, head of the Sughd province transport police told NANSMIT that his agency launched an investigation into the complaint about the incident at the airport in Khujand.

The official acknowledged that representatives of the airport security service were rude with journalists and other passengers who tried to find out information about the delay of a flight.

6 April
All media, Dushanbe

On 5-6 April, the British Institute for War and Peace Reporting (IWPR) conducted the first training session for journalists covering conflicts, problems of youth and women. The seminar is held within the framework of the project “The media as a tool for stability and democratic governance in Tajikistan”. The project is financed by the Foreign Ministry of Finland.

12 April
All media, Dushanbe

The British Institute for War and Peace Reporting (IWPR) accomplished a training on international standards of journalism an writing analytical articles.

Fourteen journalists from Dushanbe, Kulyab, Kurgan-Tube and Isfara improved their knowledge and writing skills.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Impediments to professional activities

11 April
Imruz News, Righun

On 8 April, Zavkibek Soliev, photo correspondent of the Imruz News agency was expelled from a stadium at the village of Kalai Nav where he was filming a competition of wrestlers.

A policeman confiscated the correspondent’s ID card and ordered his subordinates to accompany him to the exit.

Soliev told the NANSMIT monitoring service that his ID is still being kept at the police station.

23 April
Turko Dikaev, freelance journalist, Kulyab, Khatlon province

After the publication of a story at www.news.tj about commercial sex services in the village of Navobod in Khatlon province, the author Turko Dikaev was summoned by Saida Nurlamonova, head of the government unit responsible for work with women.

The official was very rude with the journalist accusing him of “writing bad things about the country besieged by enimies”.

2. Ungrounded censorship

12 April
Asia Plus weekly, Dushanbe

The Prosecutor’s Office sent an official letter to the Tajik weekly Asia Plus requiring to share IP addresses of authors posting their comments under the articles.

The information portal news.tj belonging to Asia Plus is one of the most popular information resources. Very often, one can see sharp criticism of the Tajik authorities and particular public officials in comments left of the readers.

3. Ungrounded request to reveal commercial secrets

3 April
The State Antimonopoly Committee, Khujand, Sughd province

The TV and radio companies Asia, SM-1 and Tiroz in the northern city of Khujand told the NANSMIT monitoring service that the Sughd province branch of the government Antimonopoly Committee conducts auditing of their activities.

In the course of the auditing, it became clear that the main focus is made on commercial advertisement activities. Azamjon Akbarov, director of the Asia TV says that the actions of the antimonopoly agency contradict the national legislation and might create impediments for commercial activities of local broadcasting companies.

III. CONFLICTS, VIOLATIONS, ACCUSATIONS

1. Protection of honor, dignity and business reputation

14 April
The Farazh weekly, Dushanbe

On 14 April, the Ismoili Somoni district court in Dushanbe launched an investigation into the case against the Farazh weekly.

Fazlidding Azizov, deputy head of the district administration accused the newspaper of defaming his honor, dignity and business reputation.

According to Gulchehra Kholmatova, the lawyer representing Farazh, the lawsuit was filed after the publication of the article titled “The price of a Mercedes is $22 thousand” (Farazh weekly, 17 August 2011).

The article was written on the basis of court materials describing a traffic accident where the car belonging to the complainant Azizov was damaged. The court ruled that the second participant of the road accident should pay compensation for damages in the amount of $22 thousand for the second-hand Mercedes manufactured in 1990.

The author of the article challenged the court decision saying that the average market price for such king of a vehicle should not exceed $5-6 thousand.

The complainant states that the newspaper and the author of the article Zevar Sharipova have undermined his reputation and demand compensation in the amount of 500 thousand Somoni (more than $100 thousand).

Last fall, the complainant visited the Farazh weekly’s editor suggesting to settle the case by means of publishing refutation in the newspaper. The editor refused to accept the offer, since Azizov had already filed a suitcase”.

In court, the interests of the newspaper are protected by Abdurakhmon Sharipov, a lawyer from the Independent Human Rights Center.

25 April
The Millat weekly, Dushanbe

On 25 April, the Firdausi district court in Dushanbe closed the civil case of the Tajik Ministry of Agriculture filed against the Millat weekly.

In 2010, the Ministry approached the court complaining that an article published by the newspaper defames the dignity of the government body and its officials. The Ministry demanded 1 million Somoni (about $250 thousand) as moral compensation.

In 2011, the Firdausi court satisfied the request of the Ministry setting a penalty of 1,500 Somoni. The newspaper appealed to the court of appellate jurisdiction, and in March 2012, the body cancelled the previous verdict.

In April 2012, the Monitoring Service received 32 reports. Seventeen of them describe the factual situation in the media in the light of social, legal and political environment; twelve reports describe direct violations of rights of media professionals; and three reports describe conflicts and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

10 March
Emomali Rakhmon, President of Tajikistan

“The main objective of the government media and the independent media – the two interrelated branches of the Tajik press – is to perform their professional mission. In other words, their mission is to serve the interests of the people and the motherland honestly,” – said Emomali Rakhmon at a meeting in Dushanbe on the occasion of the 100-th anniversary of the Tajik press.

“I look at the press as at an important element of the political, social and cultural environment. I stress that I am familiar with many articles written by journalists, and whenever needed, I use them. Along with that, I would like to remind that the media should not abuse of their professional mandate. They should not allow any stories instigating discord; neither should they allow inattention to the national values and interests; they should not allow insult and libel against honorable individuals; and they should not allow any propaganda of immoralities and indecent behavior. The media should restrain from publishing the materials, which affect our image at the international arena, which become a reason for pessimism among the people, which affect the people’s spirit and lead to instability”, — said the President.

10 March
Emomali Rakhmon, President of Tajikistan

“There is a lack of correct perception of criticism among public officials; and not all of them take measures to rectify existing shortcomings after publications in the media,” – said Emomali Rakhmon commenting the implementation of his Decree “On the reaction of public officials to publications in the mass media”.

“Some of them [public officials] see the criticism and depiction of shortcomings in the society as the criticism targeted against them; they express discontent and resentment”.

10 March
Tajik Union of Journalists, Dushanbe

Speaking at a ceremony on the 100-th anniversary of the Tajik press, the chairman of the Tajik Union of Journalists Akbarali Sattorov noted that in the last 20 years the Tajik media community has paid a high price for the democratic, secular civil society; many of them lost their lives in the line of duty.

The official birthday of the Tajik journalism is 11 March 1912 – the day when the first Tajik-language newspaper – Bukhoroi Sharif (Sacred Bukhara) – was printed.

26 March
Secretary General, OSCE

Speaking with the Tajik media, the OSCE Secretary General Lamberto Zannier stressed the importance of the media freedom and access to information. Mr. Zannier arrived in Dushanbe to take part in the Regional Economic Cooperation Conference on Afghanistan.

The OSCE official called on the Tajik authorities to restore access to certain web sites. This concern was raised by the OSCE special media freedom envoy in March 2012.

Mr. Zannier expressed his appreciation over the decision of the Tajik President Emomali Rakhmon on decriminalization of Articles 135 and 136 (libel and insult) in the national Criminal Code.

“For productive public discussion, it is important to ensure that state officials would be more tolerant to criticism in the media. They should not see this criticism as infringement of their rights”, — said the Secretary General.

2. Actions of officials defining the factual situation in the media

10 March
Chairman of Khatlon province, Kurgan-Tube

Speaking at a meeting with the media on the occasion of the 100-th anniversary of the Tajik press on 9 March, the chairman of Khatlon province Gaibullo Avzalov said that the main problem for the province periodicals is the lack of proper printing facilities.

“After the dissolution of the USSR, our printing houses have become obsolete. The existing ones do not meet technical requirements, and most of the newspapers are printed in Dushanbe”.

Avzalov urged journalists to find entrepreneurs who could make investments and open printing facilities in Kurgan-Tube or in Kulyab. The province administration is ready to allocate premises and ensure no-break power supply in winter period.

26 March
OSCE media freedom envoy

The OSCE special envoy on the issues of freedom of the media Dunja Mijatovic stressed the decisive role of independent regulating bodies ensuring pluralism in the media. The official delivered a speech at the opening of a master class on regulations in the area of broadcasting in Central Asia and South Caucasus in Istanbul on 26 March.

The master class was attended by more than 40 representatives of broadcasting regulating bodies, legal experts, law-makers and the civil society from the countries of Central Asia and South Caucasus.

“Although the media landscapes and regulatory mechanisms are different in the countries, which we discuss here, the principle to be followed remains the same for all – the independent regulation should strengthen freedom of the media; it should not limit the freedom and diversity of opinion”, — said Mijatovic.

28 March
Chairman of Khatlon province, Kurgan-Tube

Chairman of Khatlon province Gaibullo Avzalov called on all bodies of the state power to set up their own pages in the Internet; he also obliged all officials to register their e-mail accounts and make their addresses open to the public. (Millat weekly, #13, 28 March 2012).

“We live in the XXI century. It is shameful to be criticized in the media for not having our own web sites and electronic mail”, — he said.

Afzalov also urged officials to share information about the web sites and their addresses with local journalists.

3. Factual situation in the media and freedom of speech

10 March
Emomali Rakhmon, President of Tajikistan

Speaking at a meeting with journalists on the occasion of the 100-th anniversary of the Tajik press, the Tajik President Emomali Rakhmon said that the number of independent media has grown during the years of sovereignty.

In 1991, there were 139 newspapers and magazines, out of which only four newspapers were private; there was one private news agency. “Today, we have 446 newspapers and magazines, out of which 270 are public and private. Nine out of the ten registered information agencies are non-government”, — said Rakhmon.

“There are 44 domestic TV and radio channels; 28 of them are private. Indeed, this is good – since the free media activities is one of the key indicators of the democratic civil society. Each of these media, in its own way, fills in the information space in the country covering and reflecting political and socio-economic processes in the society”, — Rakhmon stated.

7 March
All media, Khujand

On 7 March, the Russian Eurasian Studies Institute stressed an important contribution of the electronic and printing mass media of Sughd province in the development of promotion of Russian language in this Tajik region.

Khursheda Sadykova, the representative of the Institute in Sughd province told the Asia Plus information agency that a number of the media received certificates of acknowledgement and gifts for their inputs in promotion of Russian language.

28 March
Inoyat Inoyatov, lawyer, Dushanbe

The Ozodagon weekly (#12, 28 March 2012) published an interview with a well-known Tajik lawyer Inoyat Inoyatov discussing the issue of decriminalization of libel and insult in the Tajik legislation.

The layer contemplates opportunities for expanding freedom of expression among Tajik media professionals due to the abolition of Articles 135 and 136 in the Tajik Criminal Code. The lawyer also says that along with these changes, it is necessary to reconsider the Civil Code, e.g. to develop clearer definitions of libel in publications, to establish civil responsibility and penalties for “libel” and “defamation”.

The lawyer stated that the decriminalization of these Articles is the first step towards professional independence of journalists.

28 March
Junaid Ibodov, lawyer, Dushanbe

The issues of decriminalization of libel and defamation are also covered in an article written by Junaid Ibodov, a well-known Tajik lawyer (Asia Plus weekly, #23, 28 March 2012).

“Declaring his intentions to relieve the media from criminal responsibility for libel and defamation, the President expressed a will for real democratic alteration and a desire to break old stereotypes,” — says the author.

Indicating the importance of this decision, the lawyer also warns that the decriminalization of Articles 135 and 136 will have an impact on editors and correspondents – it requires higher professionalism and a relevant legal education to ensure their judicial security. The author also notes the necessity of introducing additional provisions in the Tajik Administrative Code to be addressed directly to editors and journalists and establishing penalties for negligence of liubel and defamation in publications.

29 March
Facebook, social network

The Tajik President’s press service launched its page in Facebook. It contains information about the activities of the Tajik leader Emomali Rakhmon. So far, 30 percent of visitors “liked” the page.

On 2 March, the Tajik government communications service introduced limitations in access to certain web sites, among which is Facebook. The communication service refers to “technical problems”. On 9 March, access to Facebook was restored, but other web sites are reachable only through proxy servers.

Limitations in access to Facebook have provoked interest to this social network among Tajikistani. According to Socialbakers, on 4 March, the number of Tajik users was about 29 thousand users; by 10 March the figure was 34,6 thousand.

According to the official statistics, the level of penetration of Facebook in Tajikistan is 0,46 percent of the total number of residents and about 5 percent of the total number of Internet users.

27 March
Paivand Radio, Khujand, Sughd province

Another FM station started broadcasting in a test mode in the northern Tajik city of Khujand. Radio Paivand is created under the TV and Radio Company SM-1 established in April 1998.

As of 16 April, the station will broadcast 18 hours a day in Tajik and Russian languages. Radio Paivand is the fifth FM radio station in Khujand.

30 March
Mukhojir, newspaper for labor migrants, Dushanbe

On 28 March 2012, the first issue of a newspaper for labor migrants came off the press. The Mukhojir weekly is published by the Tajik Migration service under the government.

According to Nazmishoh Majidov, deputy head of the Migration Service information unit, the newspaper will be dessiminated on the territory of Tajikistan and in the Russian Federation. The newspaper’s main goal is to explain the rights and duties of labor migrants, information about the Tajik diasporas abroad, the problems, which Tajikistani might face and potential solutions.

The first circulation is 1,5 thousand copies, most of which were sent to Moscow. The cost of one copy in retail sale is 1 Somoni in Tajikistan and 8 Russian rubles in the Russian Federation.

4. Journalists protecting their civil and professional rights

2 March
All media, Khujand

On 2 March, in the northern city of Khujand, NANSMIT and the International Media Support (Denmark) finished a two-day seminar “Interaction between the government press services and the media”.

The purpose of the training session is to improve access of the media to official sources of information. Under the guidance of media experts and trainers, 25 representatives of government press services and the media discussed the role of the media in covering activities of different branches of power and accreditation of the media in government institutions.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Impediments to professional activities

1 March
All Media, Dushanbe

The Prosecutor General’s Office, the Tax Committee and the State Broadcasting Committee launched a wide-scale auditing of the Tajik independent mass media.

The auditing is being conducted in the office of the popular radio company Imruz, in the media holding Charkhi Gardun, at the SMT TV station and in four main printing houses.

Tajik journalists and media experts see a certain relation between the auditing and the forthcoming presidential elections scheduled for 2013. It implies the desire of the authorities to establish close control over the activities of the non-state mass media.

Inspectors check the precision of implementation of the media law against financial requirements to media organizations. The auditors are especially meticulous about the sources of financing of the independent media.

Chairman of NANSMIT Nuriddin Karshiboev told the Tajik service of BBC that “in many cases, the auditing officials abuse of their mandate. Such environment is not very favorable for the freedom of expression. This is seen by the media community as an attempt to establish control over the media on the eve of the presidential elections”.

Representatives of the Prosecutor General’s Office say that the auditing is a normal routine, and it has no political grounds.

14 March
TV Jahonoro and TV Asia, Sughd province

Directors of two TV companies in Sughd province – Jahonoro and Asia – sent a letter to the director of the international airport in the northern Tajik city of Khujand with a request to provide explanations and apologies for a recent incident.

On 4 March, TV crews of both companies experienced pressure from the airport security service and the police. The TV journalists came to the airport upon a request of passengers whose flight was delayed, and the airport administration provided them with no explanation of the reasons.

The authors of the letter state that the actions of the airport security service and the police were unlawful, and the disregard of this incident by the airport management is a violation of basic human rights.

2. Threats and intimidations

4 March
Nuridding Karshibaev, chairman of NANSMIT, Khujand, Sughd province

On 4 March 2012. The chairman of the Tajik National Association of Independent Mass Media (NANSMIT) was harassed by unknown individuals, when he broke upon a conversation between the TV crews of two Tajik broadcasting companies and security officers of the international airport in the city of Khujand.

The unknown interfered into professional duties of the TV crews; prior to that, the TV journalists and cameramen were pushed out of the airport premises. Karshiboev asked the unknown individuals to provide their identification cards and required explanation. In response, they started threatening him and tried to drag him into a café.

The chairman of NANSMIT intends to report about the incident to the law enforcement agencies.

3. Ungrounded limitations in access to information

1 March
SSSR weekly, Dushanbe

The Tajik private weekly SSSR (#9, 1 March 2012) published an article analyzing the lack of public information in the northern city of Penjikent, Sughd province.

The author says that the government newspapers do not reveal any of the existing problems although they are financed from the national budget. This mountainous region is not covered by the TV signals; residents watch TV programs broadcast from the neighboring Uzbek territory.

3. Illegal limitation of access to the Internet

4 March
All media

A number of Tajik Internet providers closed access to certain web sites. Among the blocked resources is the popular social network Facebook. According to a representative of one of the domestic providers, his company received a letter from the government communication service obliging them to block access to a number of web sites.

Representatives of other Internet companies confirmed this information. Among the web sites to block are Facebook.com, Zvezda.ru and Tjknews.com. Access to Fergana.ru and Centrasia.ru is open.

The Tajik government communication service provides no comment on that.

5 March
All media

The Asia Plus news agency discovered a copy of the letter from the government communication service addressed to the Tajik Internet providers obliging them to close access to the following web sites: www.facebook.com, www.zvezda.ru, www.tjknews.com, www.maxala.org иwww.cenrtrasia.ru.

The scanned copy of the original letter dated 2 March 2012 is posted on Asia Plus’s web site; it is signed by a deputy of the chairman of the Communication Service. Some providers say that they received the written order later, but the verbal advice to block access to the web sites mentioned above was made by the telephone.

One of the companies, which refused to block the web sites, has faced a serious problem – the company was denied access to interwork connections, which go through the state operator – Tajiktelecom.

Previously, the head of the Communication Service Beg Zukhurov in his interview with Asia Plus categorically denied the existence of the written order to the Internet providers; he also stated that there was no verbal order either.

6 March
All media

The Tajik Union of Journalists (UJT), the Tajik National Association of Independent Mass Media (NANSMIT), the Tajik Media Alliance (MAT), the Tajik Media Council and the Tajik Memorial Foundation of Journalists decisively condemn the actions of the Communication Service under the government of Tajikistan leading to limited access to the social network Facebook and other certain Internet resources covering the issues of public and political life.

Since last week, citizens of Tajikistan have had no access to Facebook and a number of other Internet resources, which is a violation of the constitutional right of access to information. Tajikistan’s Internet providers report that on 2 March they received an order from the government Communication Service to block access to Facebook and to the following four web sites: www.tjknews.com, www.maxala.org, www.centrasia.ru and www.zvezda.ru (the Internet portal of the Russian periodical Polyarnaya Zvezda). As an excuse for the blocked access, the communication authorities chose “prophylactic maintenance”, which does not sound very convincing.

Information and communication experts say that the blocking of social networks and web sites is seen as an inefficient and short-sighted action. The state communications agency used to perform similar actions. Such ungrounded and unjustified acts damage Tajikistan’s image; this is a direct threat to the national information security.

According to Tajikistan’s Information Security Concept, “…the striving of potential adversaries to infringe Tajikistan’s interests in the global information space along with attempts to push the country out of domestic and international markets, and aggravation of international rivalry in the area of ownership of information and communication technologies are the main sources of threat to the national information security”.

We are confident that nobody has authorized the Communication Service under the government to violate the right of citizens to information, and we demand to immediately lift the order blocking domestic access to Facebook and other web sites.

7 March
OSCE, Vienna

The Organization For Security and Cooperation in Europe (OSCE) has called on Tajikistan to reverse instructions to block social-networking website Facebook and four independent news websites.

Access to the world\\\\\\\\\\\\\\\’s most popular social networking site and Russian-language sites centrasia.ru, tjk.news.com, zvezda.ru, and maxala.org has been cut off since March 3, apparently in response to an order from the state communications agency.

The OSCE described the move as a “worrying development”.

Tajik officials have cited “technical reasons” for the problem and pledged that it would be corrected “soon”.

10 March
All media, Dushanbe

On 10 March 2012, following a permission from the government communication service, Tajik Internet providers restored access to the social network Facebook.

III. CONFLICTS, VIOLATIONS, ACCUSATIONS

1. Protection of honor, dignity and business reputation

19 March
Millat weekly, Dushanbe

The Dushanbe city court discharged the order of the Firdausi district court against the Millat weekly.

The newspaper was sued by the Ministry of Agriculture for a publication titled “The Ministry of Agriculture is the most corrupt government agency” (#49, 10.12.2009). Along with other relevant facts, the authors referred to figures voiced at the session of the parliament, where the Ministry was acknowledged as the most corrupt agency in terms of misused funds (more than 6,5 million Somoni in 2009).

In February 2012, the Monitoring Service received 21 reports. Fourteen 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 three reports describe conflicts and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

22 February
Olimjon Salimzoda, Parliament, Dushanbe

The Tajik private weekly Vetcherny Dushanbe published an interview with the Tajik parliamentarian Olimjon Salimzoda. The official said the Parliament has set up a working group to revise the draft media law.

Salimzoda says that the working group has received 140 suggestions and remarks from different media institutions and government agencies. “Prior to submitting this draft document to the lower chamber, we need to study opinions of all interested parties”, — he said.

The draft media law has been studied for a year and a half by parliamentarians, media professionals, representatives of the civil society, independent lawyers, political parties, the Ministry of Justice, and the President’s Office.

2. Amendments in the legislation affecting the media

16 February
All media, Dushanbe

On 16 February, the public organization Journalist held a session at the round table to discuss the draft media law.

According to the results of the discussion, most of the articles and legal provisions in the new document need to be revised and edited. Participants of the discussion paid special attention to Articles 19 and 25 – respectively, “The right for disallowance” and “Special conditions for confidentiality of the source of information”.

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

1 February
Millat weekly, Dushanbe

The Millat weekly touched upon the issue of poor professionalism of the Tajik national television (#5, 1 February 2012).

The article titled “Channel One – Adulator Number One” describes the amateurism of broadcasting materials prepared by the government television, as well as dull and boring reports about the national agriculture.

It is also noted in the article that any single achievement is related to the name of the President.

1 February
SSSR weekly, Dushanbe

The SSSR weekly also touched upon the work of state TV stations in the country regions. The article titled “The Khatlon TV trash” describes the quality of local broadcasting and the contents of TV programs.

“Those who are familiar and understand the problems of Khatlon province cannot watch the programs of “TV Khatlon”. The programs are produced unprofessionally; the station shows wedding parties and endless concerts; the existing problems are not depicted at all”, — says the article.

4 February
NANSMIT, Dushanbe

On 4 February 2012, the Tajik National Association of Independent Mass Media (NANSMIT) published a compiled report on freedom of expression in Tajikistan covering the period from 2005 to 2010.

According to the authors, the main problems in the area of freedom of speech in the country are caused by the imperfect media legislation and its incompliance with the international standards.

Another essential problem is the lack of unified application of laws in the media environment. The licensing committee under the government poses ungrounded requirements to video and audio products creating problems for private broadcasters. The system of licensing is extremely complicated; non-state TV and radio companies fall into dependence on the government licensing body. This particular condition leads to weakening of competition between the media making private broadcasters less powerful compared to the official electronic media. Thus, the audience does not have access to alternative sources of information.

The report published by NANSMIT also indicates the increased number of legal trials against the media initiated by government institutions. Six legal cases were registered in the period of 2010-2011 with the total amount of 1,4 Euro claimed as penalties and moral compensation for criticism (which government officials interpret as libel, insult and defamation).

The Tajik Criminal Code still contains Articles 135, 136, 137 and 330 (“Libel”, “Insult”, “Public insult of the President” and “Insult of a public official”). In such a way, the Tajik legislation ensures special protection of the state power from criticism. The issue of decriminalization of the Articles in question remains very relevant.

8 February
All media, Dushanbe

The Ozodagon weekly (#6, 8 February 2012) published an analytical article based on NANSMIT’s report on the freedom of expression in Tajikistan in 2010-2011.

In addition to the remarks and conclusions made in the report, well-known Tajik journalists and media experts indicate other problems and difficulties affecting the media environment in the country. Among them is the absence of private printing facilities, i.e. the printing production is fully controlled by the government institutions.

17 February
The Coalition of national NGOs, Dushanbe

On 17 February, representatives of the Tajik National Coalition of NGOs and the government working group discussed recommendations of the Universal periodical Review.

The NGO Coalition noted with regret that the recommendations on decriminalization of defamation are indicated as unacceptable in the government’s comments. The Coalition also states that the decriminalization of libel and insult does not pose any threat for the Tajik society.

It should be noted that Tajikistan is already making first steps towards decriminalization of libel, which is reflected in the verdict of the Supreme Court (23 December 2011) and in the draft media law. The decriminalization of libel would strengthen responsibility of public officials.

21 February
All media, Dushanbe

On 21 February 2012, the US-based organization Committee to Protect Journalists (CPJ) published a report “Attacks on the media in 2011”, which says that the Tajik authorities use accusations of extremism and defamation as an excuse for repressions and punishment of the media and journalists who dare to criticize the power.

The report mentions litigations against Makhmadyusuf Ismoilov, correspondent of the Nuri Zindagi weekly and Urunboi Usmonov, correspondent of the BBC Uzbek Service in Sughd province.

22 february
Najot weekly, Dushabe

The Najot weekly (#8, 22.02.12) published an article titled “The Voice of People has nothing to do with the people” criticizing the parliament’s printing body Sadoi Mardum (The Voice of People).

The Najot weekly states that Sadoi Mardum publishes only boring information about the government’s sessions and the President’s trips. The newspaper pays no attention to any essential problems in the Tajik society; however, the expenditures are covered by the national budget.

4. Journalists protecting their civil and professional rights

21 February
All media, Dushanbe

The second training for media trainers was held in Dushanbe from 22 to 25 February within the framework of the project “Creating the national pool of media trainers”.

The project is conducted by the public organization Khoma under financial support of the Open Society Institute. The project’s partners are the School of Journalism under the Russian School of Economics and the Higher School of Journalism in Moldova.

The major goal of the project is to create the national pool of media trainers and consultants to stimulate the media industry in Tajikistan. Upon the accomplishment of the training sessions, participants will start developing their individual modules in various areas of journalism. The modules will cover various topics in both printing and electronic mass media: TV and radio reporting, newsrooms, international standards of journalism, TV editing podcasts, multi media journalism, etc.

The first training session was conducted in December 2011.

28 February
NANSMIT, Dushanbe

The Tajik National Association of Independent Mass Media (NANSMIT) has launched a new project “Improving access to reliable information from government sources” under support of the Danish organization International Media Support.

The program has educational elements for government press services and the media to ensure collaboration, as well as public lectures for university students. Consolidating the cooperation experience between the media and government press services, taking into account best practices, NANSMIT will develop a manual for journalists and press secretaries, which will be disseminated for free among beneficiaries.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Limitation of access to information

6 February
State television, Dushanbe

On 6 February, the Tajik state TV companies started transition to the digital format of broadcasting. The four stations – The First Channel, Safina, Bakhoriston, and Jahonnamo are unavailable in previous satellite format.

According to Tajiktelecom (the state communications agency) officials, those who wish to watch the state TV stations should switch over to simple TV antennae.

21 February
All media, Dushanbe

On 21 February 2012, the US-based organization Committee to protect Journalists (CPJ) published the report “Attacks on the Press – 2011” noting that in September 2011, the Tajik President Emomali Rakhmon abolished the requirement of conducting quarterly press conferences by ministries and other government institutions.

Experts see this move as an additional impediment in access to public information.

2. Violation of the right to freedom of information

25 February
Jumkhuriyat weekly, Dushanbe

The Tajik government’s official newspaper Jumkhuriyat criticized private printing outlets for “promoting” the political party “Bus!” (“Enough!”) acting abroad.

The government weekly states that by publishing such articles and advertising opposition movements private newspapers pursue the goal to increase the number of their readers; at the same time, they sow the seeds of discord in the society.

III. CONFLICTS, VIOLATIONS, ACCUSATIONS

1. Demand to refute incorrect information

2 February
Ministry of Foreign Affairs, Dushanbe

Responding to statements of the Russian publicist Egor Kholmogorov and the Russian politician Vladimir Zhirinovsky regarding “genocide of Russians in Tajikistan”, the head of the Information Department under Tajikistan’s Foreign Ministry Davlatali Nazriev stated that “there hasn’t been any genocide of ethnic Russians in Tajikistan”.

Kholmogorov and Zhirinovsky made their statements in a TV talk show “Honest Monday” broadcast by the NTV channel on 30 January 2012.

“Both individuals presented ungrounded allegations about genocide in the early 1990-s. They also made remarks on the necessity to stop attracting the Tajik labor force in Russia”, — said Nazriev.

The Tajik official expressed bewilderment about the ungrounded statements and regret about the lack of proper reaction and refutation by the Russian authorities regarding the hostile statements in the media.

14 February
Islamic Renaissance Party of Tajikistan, Dushanbe

On 14 February 2012, the Party of Islamic Renaissance of Tajikistan (PIRT) released a statement accusing the National Security Committee of disseminating prejudiced information in the media.

On 13 February, the state television broadcast a report filmed and edited by the Security Committee showing two drug smugglers and explaining that the two are members of PIRT.

Representatives of PIRT stated that the persons detained by the Security Committee have no affiliation to the party. PIRT approached the National Security Committee with a request to refute the information.

In January 2012, 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 CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

19 January
Emomali Rakhmon, President of Tajikistan, Dushanbe

The President of Tajikistan Emomali Rakhmon criticized the quality of state TV stations’ programs. He made rather sharp remarks at a government meeting convened on 19 January to discuss the issues of economic and social development in the country in 2012 and the tasks for 2012.

Rakhmon noted that instead of praising public officials, the state TV companies should pay more attention to existing problems in the country. He also advised the TV managers to restrain from self-advertisement. “No matter who you are – poets, writers, whatsoever… you serve your people; let others advertise you. It’s a shame to see how you promote yourselves! And it is shameful to see fulsome flattery and adulation”.

2. Actions of public officials defining the situation in the media

24 January
Head of administration, Khatlon province

Akbar Muslimov, editor of the Guliston newspaper in the city of Kurgan-Tube is acknowledged the best specialist in the media area in 2011. The province administration held a special competition to define best specialists of the year.

Chairman of Khatlon province Gaibullo Avzalov encouraged local journalists to work harder and not to be shy revealing and exposing the existing economic and social problems.

3. Journalists protecting their civil and professional rights

7 January
Journalists’ Club, Sughd province

On 7 January 2012, journalist of Sughd province discussed legal and ethical aspects of their professional activities. The meeting was organized by the Tajik National Association of Independent Mass Media.

Participants discussed particular cases of violation of legal and ethical standards. Nuriddin Karshibaev, chairman of NANSMIT said that it is necessary to make a clear distinction between the editorial policy and advertisement/commercial activities in the media – so that sponsored and PR articles would not have a negative impact on the image of journalists and their media.

Participants stressed the necessity of strengthening the legal and professional status of journalists, and the need to enhance relations with other sectors of the society.

The Club of Journalists in Sughd province is an independent social group guided by the principles of corporative solidarity. The Club is open for any printing or electronic medium as well as for any individual media professional.

4. Changes and amendments affecting the media legislation

4 January
Ozodagon weekly, Dushanbe

The Ozodagon weekly (#1, 4 January 2012) reported that the Ministry of Culture, following a request by the Tax Committee, sent letters to all newspapers asking them to reregister.

Legal and media experts say that the request of the Tax Committee is poorly motivated; some of them see this government move as an attempt to create artificial difficulties for the opposition media.

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

11 January
Oriyono Media, Dushanbe

The Farazh weekly (#2, 11 January 2012) published an interview with the director of the Oriyono media holding and the founder of the Imruz News weekly Rustam Joni.

Despite all rumors, Rustam Joni says that te Imruz News has no affiliation to the Oriyon Bank. It should be noted that Joni is also the director of a popular FM station Imruz. The radio station has the full coverage of Tajikistan’s regions.

12 January
Asia Plus weekly, Dushanbe

The Asia Plus weekly (#3, 11 January 2012) published an article describing one evening spend at a TV set watching the local TV channels.

The author criticized the poor quality of broadcasting and the content of TV programs asking the following questions: “Why the Tajik TV professionals cannot produce creative, interactive and modern news about the real people and urgent problems? Why do they produce tendentious, senseless and foolish “stale news” in the old-fashioned style?”

The author comes to the conclusion that the political censorship along with glorification of the authorities, plus amateurism of newsmakers and cameramen lead to such state of things. “There is no original reports, no analysis, no experts’ opinions, no criticism of the government, no voice of the people. Instead, we have dull faces praising the President, farmers and sportsmen”.

18 January
Government media, Dushanbe

The Nigokh weekly (#4, 18 January 2012) published an article criticizing the government mass media for slipping over important events and developments, such as the recent attempt upon the life of the opposition journalist Dodojon Atovulloev and tragic accidents among Tajik labor migrants.

25 January
Farazh weekly, Dushanbe

On 25 January 2012, the private weekly Farazh published a list of organizations, which ignored articles criticizing them in 2011. The newspaper mentions 54 government agencies and institutions, which have breached the Resolution of the President #622 obliging them to provide feedback to the media on criticism and report about measures taken to correct the situation.

27 January
Reporters Without Borders

The international NGO Reporters Without Borders published the Freedom of Press Index Report in 2011-2012, where Tajikistan is rated 122-nd among 179 countries.

Tajikistan is placed between Algeria and Malaysia. In the previous RWB report Tajikistan was rated 115-th.

The recent report says that the Tajik authorities keep using the “scarecrow” of the civil war and radical Islamism to exert pressure on the independent media.

31 January
Human Rights Watch

The international NGO Human Rights Watch indicated in its annual report that the Tajik media experienced essential pressure in 2001.

Government officials kept applying to the court against certain printing media complaining about “defamation and libel” forcing the newspapers to keep silent.

HRW refers to the remarks of Reporters Without Borders saying that “the authorities try to control the media applying various tools, such as unofficial financial pressure, court litigations and frivolous arrests”.

According to the international monitoring NGO Article19, the new Tajik draft media law does not meet the international standards of the freedom of expression.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Attack on a journalist

12 January
Dodojon Atovulloev, independent journalist

On 12 January 2012, the Tajik journalist Dodojon Atovulloev was delivered to the hospital with serious knife wounds.

Atovulloev was attacked by an unknown assailant near an Italian restaurant. Referring to comments by the clinic’s doctors, the Tajik service of Radio Free Europe / Radio Liberty says that the wounds are quite serious, and the journalist has lost a lot of blood. However, Atovulloev’s life is not in danger; the first surgery has been successful.

Atovulloev, 56, is a Tajik journalist and founder of the opposition movement Vatandor (compatriot). He gained popularity criticizing the regime of President Rakhmon. At present, Atovulloev resides in Russia and Germany.

In 2011, the Tajik Prosecutor General initiated criminal proceedings against the journalist and required extradition of Atovulloev, but the Russian authorities did not satisfy the request.

On 13 January, the Tajik Union of Journalists, the National Association of Independent Mass Media and the Media Alliance of Tajikistan disseminated a joint statement condemning the attack upon Atovulloev.

A similar statement was issued by the Tajik Association of Persian-language Journalists. “The assault upon Atovulloev is seen as an infringement of the freedom of speech. The organization expects from both Russian and Tajik law enforcement agencies to conduct thorough investigation of the incident. It also notes that the assault upon a well-known journalist spoils the image of each country.

Muhammad Egamzod, the head of the Tajik media holding Tajinfo says that the attempt upon Atovulloev might have political reasons, since the journalist is an adversary of the Tajik authorities. Egamzod added that the authorities might be interested in arranging the attack against their enemy.

A representative of the Tajik Foreign Ministry told the media that the Tajik law enforcement agencies are interested in a fastest and efficient investigation of the case.

Major General Erkin Muhiddinov, a veteran of the Tajik law enforcement agencies told the Asia Plus weekly that the attempt upon Dodojon Atovulloev in Moscow is an act of hooliganism rather than an action of special services.

On 20 January, the Tajik Interior Minister Ramazan Rakhimov told journalists that his agency is ready to investigate the incident of Atovulloev is their Russian counterparts require assistance.

“Atovulloev’s speculations about the involvement of the Tajik government is nothing but his own opinion. Should he have any evidence, let him apply to our Ministry”, — said Rakhimov.

The Asia Plus weekly (#6, 23 January 2012) published an interview with Dodojon Atovulloev who shared some details of the recent incident in Moscow. The journalist states that the attempt upon his life was organized in such a way that it would look like a simple street conflict. He claims that the attack was ordered from Dushanbe/

2. Ungrounded limitation of access to information

4 January
All media

In January, ministers and heads of other government institutions will conduct press conferences to report to the media about their activities, achievements and failures in 2001.

In March 2005, the Tajik President issued a decree obliging heads of government agencies to conduct press conferences on a quarterly basis with the purpose of ensuring transparency and accountability. However, in September 2011, amendments were introduced to the document, according to which the officials must communicate with the media only once every six months.

According to the President’s Office, ministers and other high-ranking government officials have the right to conduct press conferences as frequently as they wish. In reality, government officials are usually reluctant to communicate with journalists.

Nuriddin Karshibaev, chairman of the Tajik National Association of Independent Mass Media noted that the amendments to the President’s Decree will have a negative impact on access to information.

On 11 January 2012, the correspondent of the Tajik service of Radio Free Europe / Radio Liberty (Radio Ozodi) Mirzonabi Kholikzoda approache NANSMIT complaining abouth the quality of semi-annual press conferences.

In particular, the journalist noted that the Prosecutor General was absent at the recent press conference, and his deputies failed to answer essential questions.

At a press conference hold on 11 January 2012 in the northern city of Khujand, officials of the State Labor and Migration Service under the government also had troubles answering questions of journalists. Certain officials say that they are new in their positions and are unable to share this or that information; once in a while, they say that the data is “classified”, but they cannot justify their statements; others refer journalists to central offices in the capital.

According to observations of journalists and media watchdogs, heads of government agencies prefer to speak about the topics chosen by themselves; they do not answer topical questions thus demonstrating their professional incompetence.

3. Violation of circulation of a medium

12 January
Asia Plus weekly, Dushanbe

The Asia Plus weekly (#3, 11 January 2012) informs that somebody had bought the whole shipment of the new issue of the newspaper delivered from Dushanbe to the northern city of Khujand.

According to residents of Asht, could not buy the newspaper – allegedly because of an article describing the situation in that district and the conflict between the authorities and the opposition journalist Makhmadyusuf Ismoiov. A while ago, the journalist published a series of articles criticizing the local governors and revealing cases of corruption. Eventually he was sued and required to pay an amount of 50 thousand Somoni as a moral compensation for defamation.

The main characters in the recent article published by Asia Plus were the former governor of Asht province presently heading the district branch of the President’s People Democratic Party, and the former district prosecutor. Observers say that the newspapers were confiscated after the order from the incumbent district prosecutor.

In December 2011, the NANSMIT Monitoring Service received 18 reports. Thirteen of them describe the factual situation in the media in the light of socio-legal and political environment; four reports describe direct violations of rights of media professionals; and one report describes a conflict and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

12 December
Sukhrob Shariopov, Director, President’s Strategic Research Center, Dushanbe

On 9 December, in Dushanbe, at the presentation of a sociological survey on perception of corruption in the Tajik society, Sukhrob Sharipov stated that the mass media should be more active in countering this phenomenon.

“Within the framework of this study, we analyzed the content of publications in various printing outlets and came to the conclusion that the problems of corruption are covered insufficiently,” — said Sharipov.

The directors of the government think tank also mentioned a possibility of mobilizing online resources and use the Internet as a tool for public awareness campaigns and fighting against corruption.

2. Factual situation in the media

14 December
Nigokh weekly, Dushanbe

On 14 December 2011, the information-political weekly Nigokh celebrated its fifth anniversary. The newspaper was founded by the chairman of the public organization INDEM Saimudin Dustov. The well-known Tajik journalist Nurali Davlat was the first editor of Nigokh. These two persons managed to gather a team of young and talented authors.

These five years have been pretty challenging. The authorities tried to shut down the paper, but Nogokh would always come off with honor from such situations. Other media professionals helped Nigokh survive; in 2010, Tajik journalists created the 29 September Committee to protect their civil and professional rights when the government cramped down upon several media.

Nigokh remains adherent to its motto: “Objective information and professional analysis for active citizens”.

21 December
Kosimi Bekmukhammad, Dushanbe

“Sticking to the principles of political correctness would protect Tajik journalists and the media they work for from troubles – since some statements in publications could become grounds for lawsuits initiated by influential persons and government officials”, — says Kosim Mukhammad in his article “Political correctness and the winter” (Nigokh, #40, 21.12.2011).

The author also indicates that some rude remarks about Russia and Uzbekistan are probably caused by accusations and ideological attacks of these two states’ media against Tajikistan.

28 December
Radio Free Europe / Radio Liberty

Radio Ozodi (RFE/RL) launched an article titled “In 2011, the Tajik independent media replaced the opposition”. Observers state that the growing pressure on the media, limited access to information and the cancellation of regular press conferences in every government agency (by the president) have forced media professionals to be more vigilant, active and audacious in their work.

28 December
Johann Bir, Reporters Without Borders, Paris

Radio Ozodi quoted Johann Bir, head of the Europe and Central Asia division of the press freedom organization Reporters Without Borders as saying that in the foreseeable future and in conditions of the absence of the real political opposition in Tajikistan, the Tajik media can become a serious force.

29 December
Nuriddin Karshibaev, Chairman, NANSMIT

The Tojikiston weekly (#52, 29 December 2011) quoted Nuriddin Karshiboev, chairman of the Tajik National Assiciation of Independent Mass Media (NANSMIT) speculating on the issues of political correctness in the national press.

Karshiboev said that NANSMIT has conducted its own study оn this issue. The analysis shows that many Tajik media produce emotional articles instigating national or ethnic enmity. Such articles are quite dangerous for the multiethnic country.

3. Legal amendments and changes affecting the media

14 December
All media

The Ministry of Culture demands all mass media acting as a structural unit of any company, enterprise, etc. to reregister. According to the Millat weekly (#50, 14 December 2011), this initiative of the government has forced Tajik media professionals and entrepreneurs to get together to discuss the problem and develop a potential solution. The Ministry of Culture sent a letter to editors and publishers saying that the initiative was launched by the Tax Committee, which refers to the law “On printing and other mass media” obliging every editing board to register as an individual company. Otherwise, they will be considered illegitimate.

Experts say that the existing media law was adopted as an ideological document in the early 1990-s. It is in conflict with many laws including the Civil Code, which defines organizational and legal norms for any entity. Thus, the media law cannot be seen as the main document in this controversial issue. A similar opinion was recently expressed by Mr. Salimzoda, chairman of Majlisi Namoyandagon, Majlisi Oli. Salimzoda said that the new draft law is on its final stage of development, and it will be adopted in the near future.

4. Journalists protecting their civil and professional rights

3 December
All media, Khujand, Sughd province

On 3 December, in the northern city of Khujand the National Association of Independent Mass Media helped organize the first session of the Club of Sughd Journalists.

The Club of Sughd Journalists is an informal public unit comprising media professionals dealing with analysis of freedom of speech in Tajikistan’s Sughd province. The Club develops recommendations to improve the quality of media reporting.

Nuriddin Karshiboev, chairman of NANSMIT said that the Club is an independent social group of journalists acting on the basis of corporate interests. The Club is open for all journalists from both state and private mass media, as well as for university students.

9 December
All media, Dushanbe

On 9 December 2011, the Union of Journalists of Tajikistan held a round table session on the topic “Is reregistering of the media needed in Tajikistan?” Editors of leading periodicals, representatives of media organizations, the parliament deputies, officials from the Tax Committee, Prosecutor General’s Office and the Ministry of Culture attended the session.

Referring to the existing law on “Printing and other mass media”, the Tax Committee has approached the Ministry of Culture asking all Tajik periodicals to reregister as “individual legal entity”.

Participants of the round table asked the authorities to reconsider their initiative to avoid incorrect interpretations. The request is written in a letter to the chairman of the Tax Committee under the government and to the Minister of Culture.

16 December
All media

Problems of legal protection of Tajikistan’s mass media were discussed at a round table organized by the Media Alliance of Tajikistan (MAT) on 16 December.

According to the Secretary General of MAT Khurshedi Atovullo, in 2010, five legal claims against the Farazh weekly were presented to courts. It is getting more and more difficult to hire a lawyer who knows the legal specifics of working with the media.

Atovullo says that attorneys often perform the role of mediators between the judge and the conflicting parties.

Participants of the round table suggested to create a special foundation to support the media and journalists and to unite legal experts working in the media sphere.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Impediments to professional activities

4 December
Social-Democratic Party of Tajikistan, Dushanbe

On 4 December, the Social-Democratic Party of Tajikistan held its XII Congress. The Tajik journalist Abdulazim Abduvahhob was not admitted to the conference hall of SDPT. The Party leader Rakhmatillo Zoirov told the journalist that the media were not expected at the Congress and journalists could impede the discussion of important issues.

2. Appeal on question of law

2 December
Reporters without Borders, Paris

On 1 December, the international human rights organization Reporters without Borders expressed discontent with the decision of the Tajik Supreme Court regarding the case of Urunboi Usmanov, the BBC correspondent in Tajikistan.

The RSF press release on that is available here: http://www.eng.nansmit.tj/news/?id=797

7 December
Makhmadyusuf Ismoilov, correspondent, Nuri Zindagi

Detailed information is in the following press release: http://www.eng.nansmit.tj/news/?id=798

3. Censorship

24 December
Orzu Isoev, correspondent, Radio Imruz, Dushanbe

The former correspondent of the state TV Safina channel and, at present, correspondent of Radio Imruz Orzu Isoev told Radio Ozodi (RFE/RL) that he could not cover a whole range of topical issues while working for the government television.

Among the banned topics were legal persecutions of journalists in the country. Isoev indicates tough censorship ruling in the state media.

III. CONFLICTS, VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

12 December
SSSR, private newspaper, Dushanbe

On 11 December 2011, the editor of the SSSR weekly Sayofi Mizrob told the media that the mayor of Kulyab Khamid Abdulloev and the head of Khatlon province administration Gaibullo Afzalov filed a lawsuit against his newspaper.

On 1 September, SSSR published a photo essay titled “Kulyab of XXI century with donkeys of the II century”. The newspaper wanted to show the existing urban problems in the city where people have no access to clean water. The city and province administrations decided that the publication defames their personal honor and dignity.

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

Coordinator of the Monitoring Service
Abdufattokh Vokhidov

Project Manager
Nuriddin Karshibaev

In November 2011, the NANSMIT Monitoring Service received 21 reports. Seventeen of them describe the factual situation in the media in the light of socio-legal and political environment; three reports describe direct violations of rights of media professionals; and one report describes a conflict and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

5 November
Emomali Rakhmon, President of Tajikistan, Dushanbe

Speaking at a meeting on the occasion of the 17-th anniversary of the national Constitution, the President of Tajikistan Emomali Rakhmon stressed the importance of the fundamental law guaranteeing rights and freedoms of citizens.

8 November
Shukurjon Zukhurov, chairman of the lower chamber of the Tajik parliament

Chairman of the lower chamber of the Tajik parliament noted that the introduction of changes and amendments in Tajikistan’s Criminal Code and the adoption of the law “On access to information” have improved the situation in the area of freedom of speech and expression. Zukhurov made this remark on 8 November speaking at the session of the parliament.

2. Actions of officials defining the factual situation in the media

2 November
Angelika Graf, Head of the human rights division, German Bundestag, Dushanbe

On 2 November, the delegation of the German Bundestag human rights committee met with representatives of the Tajik media organizations in Dushanbe. The meeting was one in a series of similar sessions with the civil society where German parliamentarians discuss the issues of freedom of speech and expression in order to develop a strategy to support the observation of human rights.

4 November
Abdurakhim Kakharov, Minister of Interior and Dunja Mijatovic, OSCE envoy of media freedom, Dushanbe

On 4 November, special representative of OSCE on media freedom Dunja Mijatovic met with the Tajik Minister of Interior Abdurakhim Kakharov.

The parties discussed the issues of freedom of speech and expression in Tajikistan.

According to the Interior Ministry press service, Ms. Mijatovic expressed concern over the frequent cases of persecution of journalists and the media by the Tajik law enforcement agencies.

The Interior Minister assured the OSCE envoy that the cases in question are not related to journalists’ professional activities; they are caused by other violations of law.

4 November
Khamrokhon Zarifi, Foreign Minister and Dunja Mijatovic, OSCE envoy of media freedom, Dushanbe

On 4 November, the special OSCE envoy of media freedom Dunja Mijatovic met with the Tajik Minister of Foreign Affairs Khamrokhon Zarifi.

The parties discussed the issues of cooperation in the area of support to mass media and improvements of Tajikistan’s media legislation.

Mr. Zarifi told the guest about the government’s commitment to the obligations assumed within the framework of OSCE treaties and agreements.

Ms. Mijatovic informed the Minister about the OSCE initiatives targeted to promotion of the freedom of expression and shared information about the perspectives of development between OSCE and Tajikistan in this area.

4 November
Olim Salimzoda, chairman of the Tajik parliament committee and Dunja Mijatovic, OSCE envoy of media freedom, Dushanbe

On 4 November, the special OSCE envoy of media freedom Dunja Mijatovic met with Olim Salimzoda, head of the Tajik parliament committee on international affairs, public organizations and information.

The parties discussed the issues of the freedom of speech and interactions between the parliament and the media.

The parliamentarian informed the guest about a working group created for discussion of the draft media law. This group closely cooperates with the Tajik media community.

10 November
Abdukhalil Rajabov, Council of Justice

Abdukhalil Rajabov, head of the court supervision unit under the Tajik Council of Justice told Asia Plus weekly on 2 November that by 2013 Tajikistan should have accomplished the process of humanization of its legislation. The process is implemented within the framework of the judicial reform for the period of 2011-2013 endorsed by the President’s decree in January 2011.

Rajabov noted that the new and amended legislation should contain new provisions decriminalizing a number of criminally punishable acts, i.e. redefining certain acts from criminal into administrative or disciplinary ones.

In other words, it is suggested to decrease the number of actions for which citizens bear criminal liability.

23 November
Kokhir Rasulzoda, head of the Sughd province administration, Khujand

On 23 November, the chairman of Sughd province Kokhir Rasulzoda met with the correspondent of the Nuri Zindagi weekly Makhmadyusuf Ismoilov who was convicted for his critical publications. Muhabbat Juraeva, Ismoilov’s lawyer was also invited to take part in the meeting.

According to Juraeva, the official asked questions about Ismoilov’s state of health, and offered assistance.

The head of the Sughd province administration promised to set up a special investigation commission to study the issue. The commission will be in charge of verifying the facts described in articles published by Ismoilov, particularly on illegal distribution of land plots.

2. Factual situation in the media and freedom of speech

2 November
Nuriddin Karshiboev, chairman, NANMSIT, Dushanbe

The chairman of the Tajik National Association of Independent Mass Media Nuriddin Karshiboev told representatives of the German Bundestag that there have not been any essential positive changes in the area of the freedom of expression in Tajikistan in the last 2-3 years.

Karshiboev noted the frequent cases of persecution of journalists for their professional activities by the Tajik law enforcement agencies. “The main reason is lack of tolerance among public officials to criticism. Very often, they see criticism as an attempt upon their power”, — he said.

Chairman of NANSMIT also expressed concern over the new draft media law. The document has been under discussion for more than a year, but no significant results have been received so far.

23 November
Nigokh weekly, Dushanbe

The Tajik private weekly Nigokh published an article titled “Does the Tajik TV have its own audience?”.

There are four state TV channels and more than 20 private television companies in Tajikistan. According to the State Broadcasting Committee, 90 percent of the population watches the state television; 70 percent of this audience resides in rural areas. Television is seen by the authorities as an important ideological tool.

However, many observers say that the Tajik official television has not undergone any significant changes ever since it was created in the 1950-s. Contemporary realities require new approaches, and the Tajik official broadcasting is far from perfect in this sense.

Nigokh indicates that – despite the statements of the Tajik Broadcasting Committee – the ordinary people in Tajikistan prefer watching foreign TV channels through satellite receivers.

4. Journalists protecting their civil and professional rights

21 November
All media, Dushanbe

ON 21 November, the Tajik National Association of Independent Mass Media, the Union of Journalists of Tajikistan and the Media Alliance of Tajikistan issued a joint statement calling the journalists to restrain from using the language of enmity and urging them to observe the principles of political correctness in their publications about labor migration and interethnic relations.

The statement says that this issue is very topical, especially in the light of the recent deportations of the Tajik labor migrants from Russia and the extreme politicization of the situation.

“Regrettably, the situation has gone out of the legal field; it is being discussed in the media and in social networks. Rude statements and extremist instigations are being made in posts and articles. All these lead to nationalistic and xenophobic moods in both the Russian and Tajik societies, which is for the benefit of destructive geopolitical players”, — the statement says.

24 November
All media, Dushanbe

On 24 November, the Union of Journalists of Tajikistan held a round table on the topic “Journalists and confidential sources of information – conflict of interests or imperfect legislation?”. The session was supported by the Internews Network office in Tajikistan under financial support of the US Agency on International Development (USAID).

The UJT executive secretary Pulod Nurov told NANSMIT that the issue of confidential sources of information is quite topical for Tajikistan, especially in the light of legal persecution of journalists and the media they work for. In the course of preliminary investigation, law enforcement agencies demand to reveal the source of information from editors and correspondents. Such actions are seen in the media community as an attempt to limit the legal right of non-disclosure. Many experts consider that the existing problems are caused by shortcomings in the national media legislation.

28 November
All media, Dushanbe

On 28 November, the Tajik-Russian Slavic University jointly with the Union of Journalists of Tajikistan and NANSMIT organized a conference “Problems of development of media policies in the CIS countries”.

Participants of the conference held in Dushanbe discussed the issues of freedom of speech in Tajikistan during the period of 2005-2011, opportunities for creation of universal educational standards to train journalists in the CIS countries, influence of the Russian media within the post-Soviet space, main functions of media professionals in forming public opinion, the online information war around the problem of the Roghun hydropower plant, and the problems of information security in Tajikistan.

30 November
All media, Dushanbe

On 29-30 November, media professionals discussed achievements in the area of freedom of speech in Kazakhstan, Kyrgyz Republic and Tajikistan at the thirteenth Central Asia Media Conference. The main topic of the event organized by the OSCE Bureau in Dushanbe was “Pluralism and the Internet management”.

Independent media experts said that the freedom of speech in the region is being limited in various ways. It concerns denial of registration for non-state mass media, adoption of laws containing provisions unfavorable for the media and regular persecutions of journalists.

More than 100 journalists, representatives of public organizations, parliamentarians and scholars took part in the conference.

II. VIOLATIONS OF RIGHTS IN THE MEDIA

1. Ungrounded limitation of access to information

10 November
NANMSIT, Dushanbe

On 10 November, the chairman of NANSMIT Nuriddin Karshiboev told the Asia Plus weekly that the cancellation of quarterly press conferences by ministers and heads of other government institutions has had a negative impact on access to information.

“We have been receiving complaints from our colleagues in Sughd province saying that they cannot get access to the information, which they could previously receive at quarterly press conferences. Now, they cannot get any data from the anti-corruption agency; neither can they get it from the law enforcement agencies”, — said Karshiboev.

The chairman of NANSMIT said that a group of journalists working for local and foreign media approached the press secretary of the Sughd province administration with a request to solicit access to information.

The situation is similar elsewhere. Karshiboev referred to the correspondents of RIS Novosti and France Press who confirm the facts of limited acees to information.

21 November
All media, Khujand

On 19 November, the Tajik National Association of Independent Media organized a round table in Khujand to discuss the issues of access to information.

Journalists stressed the necessity of solving the problems related to the recent cancellation of regular press conferences. Public officials refer to the president’s decree saying that they have a duty to conduct press conferences only twice a year. At present, journalists can receive publically important data from government agencies only after a written request, and very often, such information becomes stale and useless.
The NANSMIT legal advisor in Sughd province Muhabbat Juraeva said that Article 27 of Tajikistan’s media law defines the right of journalists to receive information from state institutions, public organizations and public officials.

Participants of the round table noted that the limited access to information is having a negative impact on Tajikistan’s information security – since the population receives news from alternative foreign sources. Thus, the local media are losing people’s trust.

2. Violations in dissemination of periodicals

2 November
Millat weekly, Dushanbe

The Millat weekly (#44, 2 November 2011) published an article about the facts of forced subscription to the government newspapers Jumkhuriyat, Sadoi Mardum, Omuzgor, and other periodicals.

School teachers and university professors complain that the administrations deduct certain amounts from salaries to subscribe to government newspapers. Moreover, pedagogues usually receive only the first two-three issues.

Similar cases of forced subscription are quite typical in many government institutions and even in some private companies, which – one way or another – depend on ministries and municipal administrations.

III. CONFLICTS, VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

23 November
Asia Plus weekly, Dushanbe

On 23 November, the civil case initiated by the police general Anvar Tagoimurodov against the Asia Plus weekly was closed due to amicable agreement between the parties.

According to the Asia Plus lawyer, the parties decided to close the case and the Firdavsi district court in Dushanbe agreed to accede to the request.

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

Coordinator of the Monitoring Service
Abdufattokh Vokhidov

Project Manager
Nuriddin Karshibaev

In October 2011, the NANSMIT Monitoring Service received 28 reports. Eighteen of them describe the factual situation in the media in the light of socio-legal and political environment; six reports describe direct violations of rights of media professionals; and four reports describe conflicts and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

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

11 October
Dunja Mijatovic, the OSCE media freedom representative in Vienna

Dunja Mijatovic, the OSCE media freedom representative in Vienna made a statement condemning the Tajik judicial authorities intending to sentence the journalist Makhmadyusuf Ismoilov to 16 years in prison.

Mijatovic called on the Tajik authorities to release the correspondent of the Nuri Zindagi weekly.

“I am calling on the authorities to dismiss all charges from Ismoilov since they are all related to his journalistic activities and to release him immediately”, — said Mijatovic.

“Should journalists criticizing public officials be subject to criminal persecution, lengthy preliminary detentions and receive tough sentences, Tajikistan will be at risk of limiting public discussions on topical issues. The judgment of guilt against Ismoilov will have a serious deterrent effect on journalists. His lengthy stay in custody is a threatening signal for Tajik journalists”, — she said.

Mijatovic said that she attentively follows the case of Makhmadyusuf Ismoilov, and she has repeatedly approached the tajik authorities on this issue.

“Regrettably, I have not received any official response from the authorities so far”, — Mijatovic added.

17 October
Dunja Mijatovic, the OSCE media freedom representative in Vienna

Dunja Mijatovic, the OSCE media freedom representative in Vienna has appreciated the release of two Tajik journalists convicted on charges related to their professional activities. The OSCE official called on the Tajik authorities to drop the charges.

“Makhmadyusuf Ismoilov and Urunboi Usmanov are released. However, I am concerned about the fact that both of them were convicted for criminal offence. The journalists were convicted for covering the developments of public interest. I hope that their appeals [to the judicial authorities] will be successful, and all charges will be dropped”, — said Mijatovic.

“I will keep watching the cases of Ismoilov and Usmonov, and I hope that in the near future they would get back to their professional duties”.

The OSCE official told he media that she is planning to visit Dushanbe to have meetings with the authorities, civil society organizations and the media.

20 October
Nuriddin Karshiboev, chairman, NANSMIT, Dushanbe

Nuriddin Karshiboev, chairman of NANSMIT told the Asia Plus correspondent that “it would be inappropriate to consider the cases of Ismoilov and Usmanov the failure of the law enforcement agencies; neither it would be appropriate to think that this is the victory of the media community”.

Karshiboev noted that NANSMIT is concerned about the fact that the reporters are not fully acquitted and the charges are not dropped. Moreover, the correspondent of Nuri Zindagi Ismoilov is to pay a big penalty.

The chairman of NANSMIT said that Ismoilov’s lawyers are going to appeal against the judgement.

17 October
Alan Duncan, Minister of International Development, UK, Dushanbe

On 17 October, the Minister of International Development of the United Kingdom Alan Duncan expressed his concern to the Tajik president Emomali Rakhmon in Dushanbe about the conviction of Urunboi Usmanov, the BBC correspondent in Sughd province.

The British official expressed satisfaction about the release of the journalist according to the amnesty law; at the same time, he is concerned about the court sentence.

Duncan stated that the freedom of speech is an integral element of modern states and democracies whereas in Tajikistan, there are many cases of persecution of journalists in relation to their professional duties.

23 October
Hilary Clinton, the US State Secretary, Dushanbe

On 23 October, after the meeting with the Tajik President Emomali Rakhmon, the US State Secretary Hilary Clinton told the media that the US is concerned about the freedom of press in Tajikistan.

“In the meeting with the President, we raised particular issues of concern in the US State Department. We consider that journalists must work freely, not being scared of punishment”, — said Clinton.

25 October
Rina Kionk, European Union, Dushanbe

On 25 October, Rina Kionk, head of the EU delegation for the “Human Rights Dialogue between the EU and Tajikistan” raised the issue of decriminalization of the defamation article in Tajikistan’s criminal code.

The EU official said that this issue has been raised repeatedly in a number of meetings, but the Tajik authorities do not react at all; neither do they provide any feedback.

“During our discussions, we suggested to exclude the articles on libel and defamation from the criminal code, but our proposals did not take any effect. On the contrary, what we see is the worsening situation in the area of freedom of speech”, — said Kionk.

According to the high-ranking EU diplomat, in the last two years, the Tajik journalists and the media have had legal problems because of “libel and defamation” involving public officials. Many cases ended with big financial penalties.

25 October
Saifullo Kodirov, Ministry of Culture

Saifullo Kodirov, the head of the Tajik Culture Ministry’s department stated that the Ministry of Culture and the Prosecutor General’s office are the two government agencies that are authorized to appeal to courts regarding termination of professional activities of the Tajik media.

The official added that in the last ten years, the state authorities have never approached courts with such kind of appeals.

These remarks were made at the round table in Dushanbe within the framework of the “Human Rights Dialogue between the EU and Tajikistan”.

Kodirov added that he sees no grounds for concern among the EU representatives about the situation in the media. He says that the BBC correspondent Urunboi Usmanov and the Nuri Zindagi reporter Makhmadyusuf Ismailov went on trial as citizens rather than journalists. Kodirov said that the cases of the two reporters have nothing to do with their media activities.

25 October
Peter Horroks, director, BBC World Service, London, UK

“Our support to Urunboi Usmonov remains invariable, and we hope that the appeal will help restore his reputation of a respected writer and journalist”, — said Peter Horroks, director of the BBC World Service.

“We also intend to receive answers to our questions regarding tortures and improper treatment of Usmonov while he was in custody. We express concern over shortcomings in the court trial”, — he added.

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

1 October
Reporters Without Borders, Paris, France

The Paris-based organization Reporters Without Borders issued a press release saying the following:
“We are relieved that the authorities have finally released Makhmadyusuf Ismoilov, who had been held in solitary confinement for nearly a year without a thought for his state of health. But his sentence, like Urinboy Usmonov’s, is unacceptable. These two journalists have already paid too high a price for their independence. They should have been acquitted and even compensated. We fully support their decision to appeal to Tajikistan’s supreme court.”

The full text of the RSF press release is available here: http://www.eng.nansmit.tj/news/?id=773

1 October
Committee to Protect Journalists, NYC, USA

The Committee to Protect Journalists issued a statement saying that “it is relieved by the release of two Tajik journalists, but condemns their convictions on extremism and insult, among other charges”. The CPJ calls for the quashing of the convictions on appeal.

The full text of the CPJ press release is available here: http://www.eng.nansmit.tj/news/?id=774

3. Journalists protecting their civil and professional rights

4 October
All media, Dushanbe

On 4 October, professional media organizations applied to the President of Tajikistan Emomali Rakhmon to take under personal control the court case of Mahmnadyusuf Ismoilov, a journalist from Sughd province accused of defamation, insult, localism and blackmailing. The Tajik National Association of Independent Mass Media (NANMSIT), the Tajik Media Council and the Media Alliance of Tajikistan express concern over the journalist facing 14 years in prison for his publications where he criticized authorities and revealed cases of corruption.

It is especially confusing that complaints in this case are a group of officials from the administration of Asht district in Sughd province; they say they are offended by Ismoilov who dared to criticize them in his articles published in an independent newspaper Nuri Zindagi. The 51-year-old journalist who also suffers from physical disabilities has been held in custody for 11 months.

The case of the Tajik journalist cause a way of criticism among local and international human rights organizations. Experts say that the arrest and punishment of the journalist are absolutely disproportionate to what he could “allegedly do” performing his professional duties.

The US government has also joined the calls for releasing Ismoilov. A few days ago, in the course of discussion of human rights in Tajikistan at the UN Human Righs Council in Switzerland, a representative of a US delegation, the 2-nd Secretary of the US Mission in the UN John Mariz expressed concern over persecutions of journalists and the freedom of speech in Tajikistan. The official also mentioned the increased level of self-censorship in the Tajik media caused by frequent cases of legal prosecution.

The Tajik independent weekly Asia Plus, referring to the new statement released by public organizations, says that “in the process of persecution of Ismoilov, there was a number of egregious blunders violating the national legislation”. Human rights advocates believe that Emomali Rakhmon, as a guarantor of constitutional rights will take this case under his control and the case will be resolved in a fair manner.

22 October
All media, Dushanbe

Twenty Tajik journalists from the capital and from regions have passed a training “On strategies and techniques of court chronicles”.

The seminar was held in Dushanbe from 17 to 21 October. It was organized by the Independent School of Journalism “Tajikistan – XXI Century” under the project “Covering the issues of criminal procedures and promoting legal literacy through the media”. The project is supported by the US Embassy’s drug control and law and order unit in Dushanbe.

Participants of the seminar also attended court hearings in two districts of Dushanbe. They analyzed the proceedings paying specific attention to the behavior of each party, making records.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Censorship

5 October
Juma Tlib, editor, Paykon weekly, Dushanbe

The editor of the Paykon weekly Juma Tolib told Radio Ozodi (Radio Liberty) that his newspaper has been subject to constant censorship by the Sharki Ozod printing house under the President’s office.

The editor also told that prior to printing, his newspaper had to be fully read through by “competent people”; then, certain materials would be excluded from the issue, after which they could receive a permission for printing.

2. Accusation of participation in banned religious and extremist activities

13 October
Urunboi Usmonov, BBC correspondent

The Sughd province court continued hearings on the case of Urunboi Usmonov, correspondent of the Uzbek service of BBC.

The journalist admits no guilt saying that his affiliation to the banned organization Hisb-ut-Tahrir is not established. Usmonov’s case is being investigated jointly with the case of other four suspects accused of participation in the illegal religious organization and extremism.

Deputy prosecutor of Sughd province Foziljon Akhunov told the media that even in case of judgment of guilt, Usmonov will be released on the grounds of amnesty, and the other defendants’ terms will be decreased by two years.

3. Accusation of libel and insult

1 October
Makhmadyusuf Ismoilov, Nuri Zindagi correspondent, Khujand, Sughd province

Prosecuting officials of Khujand, Sughd province requested the court to sentence the Tajik journalist Makhmadyusuf Ismoilov to 16 years in prison and to decrease this term by two years according to the law on amnesty.

The defense attorney asked the court to release the journalist since none of the filed charges have been proven in the course of investigation.

The defense attorney noted the absence of corpus delicti in Ismoilov’s actions and requested his immediate release according to both international and national legislation.

4. Violation of criminal-procedural legislation

1 October
Sadriddin Saidov, attorney, Khujand, Sughd province

Sadriddin Saidov, the defense attorney of the Tajik journalist Makhmadyusuf Ismoilov stated that the charges against his client are illegal.

Ismoilov is accused of libel, insult and defamation of local officials. Legal experts and media professionals say that the correspondent of the Nuri Zindagi weekly has become a victim of bureaucrats who are angry with his publications.

Saidov says that the charges against Ismoilov had been dropped in September 2010, but the prosecutor of Asht district recalled the judgment and ordered to keep the journalist in custody.

5. Ungrounded limitation of access to information

16 October
Mumin Ahmadi, Radio Ozodi, Dushanbe

Journalists in Khatlon province complain that the municipal police in Kulyab are reluctant to meet with journalists and respond to their requests of information. (www.ozodi.org, Radio Ozodi, 16 October 2011).

The local journalist Biloli Shams told that he applied to the head of the Kulyab interior department and to the head of the Farkhor district police, but both officers referred the correspondent to the Interior Minister.

In Dushanbe, another Radio Ozodi correspondent approached high-ranking officials in the Ministry of Interior. It turned out that they also avoid meetings with the media. One official who asked not to mention his name told the journalist that the reason for silence is “an order from above” obliging law enforcement officers to restrain from contacts with journalists.

III. CONFLICTS. VIOLATIONS OF RIGHTS IN THE MEDIA

1. Charges against journalist on Articles 135 (Libel), 136 (insult), 189, Part II (incitement of national, racial, ethnic and religious feud), and 250 (Extortion) of the Tajik Criminal Code.

14 October
Makhmadyusuf Ismoilov, correspondent, Nuri Zindagi weekly, Khujand

The final court hearings on the case of Makhmadyusuf Ismoilov took place in Khujand, Sughd province.

The court dropped charges against Ismoilov on Articles 135 (Libel), 136 (insult), 189, Part II (incitement of national, racial, ethnic and religious feud), and 250 (Extortion) of the Tajik Criminal Code. Ismoilov was released after eleven months spent in custody.

However, the court ruled that Ismoilov must pay a penalty in the amount of 35 thousand TJS (about $7,3 thousand) according to charges on other three Articles of the Criminal Code.

After the release, the journalist told the media that he does not admit any guilt. “Writing my articles, I did not pursue the goal of defaming public officials; on the contrary, I wanted to tell the people about shortcomings in the official structures in Asht district”.

This document is based on reports from the media and information from private sources collected and compiled by the NANSMIT Monitoring Network.

Abdufattokh Vokhidov,
Coordinator of the Monitoring Service

Nuriddin Karshibaev,
Project Manager