In May 2011, the NANSMIT Monitoring Service received 18 reports. Eight 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 seven 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

16 May
Shavkat Saidov, press secretary, mayor’s office, Dushanbe
Shavkat Saidov, the mayor’s office press secretary sent a letter to all private media outlets and web portals thanking their editors and staff for timely and objective coverage of relevant public issues in the capital. (Millat weekly, 14 May 2011)

However, the press secretary is concerned about certain remarks and accusations left by users in web sites’ forums addressed to the city administration, especially with regard to consumption market in Dushanbe.

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

13 May
Amnesty International
In the report published on 13 May, Amnesty International raised concern about a number of reports related to tortures and inhuman treatment of detainees by Tajik law enforcement officers.

The report also indicates that in 2010, there was a stable trend of persecution of journalists working for private media for their publications criticizing the government.

“The pressure on the media increased on the eve of the parliamentary elections in February, and after the September clashes between the government military and islamist gangs in Rasht valley where 28 Tajik army soldiers were killed”, — says the report.

The report also says that the newspapers Ozodagon, Millat, Asia Plus, Nigoh, Farazh and Paykon spent a lot of time in courts; certain cases are still pending.

18 May
The Paykon weekly, Dushanbe
The Nigoh weekly (#9, 18 May 2011) reported that the Sharki Ozod printing house refused to print the newspaper Paykon.

According to Fazliddin Khojaev, editor of Paykon, his newspaper owes the Sharki Ozod printing house an amount of 7 thousand Somoni. Last month, following a court verdict, the state unitary enterprise Tajikstandard confiscated the newspaper’s equipment, which affected its normal work mode.

Khojaev also said that he approached other printing facilities, but all of them, referring to the court resolution – on the liquidation of the newspaper’s founder (the Bureau on Linguistic Expertise and Media Investigations) – refused to publish Paykon.

3. Amendments to the legislation having a negative impact on the media environment

24 May
All media, Dushanbe
Journalists and media experts, participants of the round table “Contemporary journalism – problems of the Tajik media” held in Dushanbe on 3 May approached the Tajik parliament with a set of proposals regarding the draft law on mass media.

The participants suggested to reconsider certain provisions in the draft law, which might have a negative impact on the national media environment. Along with that, it is suggested to conduct parliamentary hearings on the law jointly with media professionals and legal experts.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Ungrounded limitation of access to information

5 May
TojNews web site, Dushanbe
Abuali Nekruzov, correspondent of the Tajik news web portal applied to the Interior Ministry’s press center to receive information about the assassination of three Tajik labor migrants in Moscow.

The press center’s officer referred the correspondent to the State Migration Service, explaining that this government agency is in charge of all issues related to labor migration.

The correspondent approached the State Migration Service, but received no answer – because this newly established agency is not completely staffed. The correspondent was referred to the Ministry of Interior.

17 May
Mehrangez Tursunzoda, BBC, freelance correspondent, Dushanbe
Mehangez Tursunzoda, freelance correspondent of BBC was working on a story about the increased number of vehicles with tinted glasses in Tajikistan.

According to the Tajik legislation, owners of such cars must pay special duties for having tinted glasses. The collected fees are to be used for construction of the Roghun hydropower plant, which the government sees as priority to ensure the nation’s energy security.

More than 5 thousand private drivers received permission for tinted glasses during the first five months of 2011. The journalist approached a number of government agencies, which must have the data on the collected amounts. However, none of them were willing to share this information referring to “state secrecy” and “business confidentiality”.

III. CONFLICTS, VIOLATIONS INCRIMINATED TO MEDIA AND JOURNALISTS

1. Violation of the order of registration of public organizations

6 May
The bureau of consultations, linguistic expertise and journalist investigations, Dushanbe
The bureau of consultations, linguistic expertise and journalist investigations is liquidated according to the verdict of the Firdavsi district court in Dushanbe. The bureau was the founder of the Paykon weekly.

The bureau’s lawyer Shukhrat Kudratov told the media that the court started the hearings on the case initiated by the Ministry of justice against the bureau. The Ministry states that the public organization is not registered in the tax police; it does not present its annual report; and it has changed its judicial address.

The Tajik journalist Juma Tolib says that the closure of the bureau is related to publications criticizing the authorities.

2. Protection of honor, dignity and business reputation

6 May
Ozodagon, Farazh, Asia Plus
The Sino district court in Dushanbe stopped the investigation of the civil case initiated by three judges of the Tajik Supreme Court and a judge of the Dushanbe city Court against the lawyer Solijon Juraev and the weeklies Farazh, Ozodagon and Asia Plus.

The complainants relinquished the action.

18 May
Sharifa Khamdamova, director general, Oila LTD., Dushanbe
On 18 May, the Firdavsi district court in Dushanbe held hearings on the civil complaint by a Russian journalist Lilia Dityatkina (Butko) against Sharif Khamdamov, director general of Oila LTD.

In her statement, the journalist says that she is not the author of the publication titled “Who is the real stage director of Karomat Sharipov’s illegal activities?” The article was published on the web site Pressa.tj. The Russian journalist states that the information in that article defames her and requires refutation.

On 31 January 2011, the Crime Info weekly published the article in question; on 3 February, the article appeared on Pressa.tj.

The author of this article discloses activities of the public organization “Tajik Labor Migrants” headed by Karomat Sharipov. The author also reveals facts of illegal entrepreneurial activities of Shartipov and his encirclement.

The defendant’s attorney Timur Kamolov told the media that those who republished the article bear no responsibility for the contents of the article. According to Articles 2 and 5 of the Tajik media law, neither the editor of Crime Info nor the editor of Pressa.tj committed unlawful actions.

3. Accusation of libel and insult

[b]31 May
Makhmadyusuf Ismoilov, Nuri Zindagi weekly, Asht district, Sughd province
On 31 May, the Asht district court started hearings on the case initiated by 12 public officials against the correspondent of the Nuri Zindagi weekly Makhmadyusuf Ismoilov.

According to an observer representing the NANSMIT monitoring service, the court listened to the parties and took a recess until 2 June.

Ismoilov is charged on four articles of the Tajik Criminal Code, including the accusations of libel, insult, instigation of national, ethnic and religious feud, as well as blackmailing. Although there is no proof to his guilt, Ismoilov has been under arrest for more than six month.

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 April 2011 the NANSMIT Monitoring Service received 24 reports. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; nine 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

April 7
Sitora Sherova, deputy chair of Khatlon province

Speaking at a media briefing on 7 April, deputy head of the Khatlon province administration Sitora Sherova said that the authorities decided to arrange monthly meetings with journalists. The administration plans to enhance access to information for the media to tackle social and economic problems more effectively.

April 20
Emomali Rakhmon, President of Tajikistan

“The mass media are seen in the society as an efficient tool and a means for new thinking. They play an important role in the process of democratization and development”, — said the President of Tajikistan Emomali Rakhmon in his annual message to the parliament.

The president indicated the growth in the number of media in recent years. “In 1991, there were 131 printing outlets, and only 4 of them were private. There was only one state information agency. At present, there are 404 newspapers and magazines, out of which 160 are state-owned and 250 – private. Out of the eight registered news agencies, seven are private, i.e. non-governmental. This is a positive phenomenon in the process of creation and development of the civil society. At present, there are 44 TV and radio channels, out of which 28 broadcasting media are private”, — said the president.

April 29
Emomali Rakhmon, President of Tajikistan

Speaking at the session of the Tajik Public Council, the President of Tajikistan Emomali Rakhmon expressed concern about the global media which “constantly write about somebody’s weddings forgetting about the problems requiring a close attention of journalists and the public”.

“Some journalists do not notice the problems of climate change on the Planet, neither do they see the tragedy in Japan, the drought, the growing food and oil prices; they publish reports about weddings of princes and princesses on the front pages of their outlets”, — he said.

2. Factual situation in the media

April 11
Reporters Without Borders

Reporters Without Borders denounced as “illegal and absurd” the efforts of the Tajik government to get dissident journalist Dodojon Atovulloev forcefully returned to Tajikistan from his exile in Russia and Germany and called on these two governments to protect him.
The state prosecutor in the Tajik capital, Dushanbe, sent an extradition request to the Russian authorities today for the journalist and opposition leader, who is a political refugee in Germany (living in Hamburg) and currently in Moscow.
“The request is absurd,” the worldwide press freedom organisation said. “Since he obtained political asylum in Germany in 2002, Tajikistan and Russia cannot legally touch him. We hope the Russian authorities, in accordance with international law and as they have done before, will reject the request.”
“A political refugee can under no circumstances be sent back to his country of origin and the Tajik request for this to be done, in violation of basic international law, is very worrying,” it said.
Atovulloev is founder and editor of the opposition monthly Charogi Ruz (Daylight), the first privately-owned publication set up after independence in 1991 and a strong critic of the regime. He was forced to flee abroad in 2001 after getting death threats and being accused of insulting the president and supposedly “inciting national, racial and religious hatred.” The newspaper is now based in Moscow after its Dushanbe offices were ransacked.
Family members in Tajikistan were imprisoned for several weeks and death threats to Atovulloev continued. He was arrested at Moscow airport in July 2001 and only an energetic campaign by human rights groups prevented him from being sent back to Dushanbe.
The charges against him were initially dropped, but the newspaper continued its criticism and Atovulloev set up an opposition party, ’Vatandor’, in 2007. New charges of insulting the president and “public appeals for violent overthrow of the constitutional order” were laid against him in 2008 and are the basis of the extradition request announced by prosecutor-general Sherhon Salimzoda today.
Press freedom shrank in Tajikistan last year and the authorities are now very keen to silence Atovulloev, who Salimzoda’s predecessor, Bobojon Bobohonov, called a “news terrorist” in 2008. While media outlets mentioning armed clashes in the country’s Rasht Valley last September were clamped down on, Atovulloev called the incidents “a return to civil war.”

April 11
The US Department of State

The US Department of State has published its annual report on human rights in the world where Tajikistan is reckoned among authoritarian states.

According to Radio Liberty, the authors of the report stress that the President Emomali Rakhmon and his adherents (natives of the same region) dominate in the political life of the country.

The authors indicate numerous cases of limitation of the freedom of speech and the freedom of religion, as well as corruption in all spheres, which impedes economic and social transformation and development.

The report also indicates accusations by the Tajik Minister of Defense Sherali Khairullaev against the media. The Minister accused journalists of aiding terrorist during the military operation in Rasht last autumn.

Besides that, the report indicates the judicial pressure of the Tajik authorities against the media.

3. Amendments to the legislation and new draft laws aggravating the media environment

April 6
Najot weekly, Party of Islamic Renaissance, Dushanbe

Certain Tajik journalists and media experts consider that the new media draft law does not have any essential amendments. The Najot weekly, the printing body of the Tajik Party of Islamic Renaissance (PIRT) (#14, 06.04.2011) applied to media experts with a question: “Will the new media law ensure freedom of speech and independence of the media?”

Professor of the Tajik National University Jovid Mukim says that the new draft law is a copy of the existing law with “reshuffled articles and provisions”. “Certain articles have double meaning”, — he added.

Nuriddin Karshibaev, chairman of NANSMIT said that the draft law has been under discussion for more than a year; the law-makers have considered recommendations from the media community and legal experts.

4. Journalists protecting their civil and professional rights

April 5
All media, Dushanbe

On 5-6 April, the Union of Tajik Journalists held a seminar on the issues of legal linguistic expertise “Judicial regulation of linguistic conflicts in the media”.

The purpose of the seminar is to ensure social protection of journalists and editing boards, development of the legal basis for media activities, strengthening of creative contacts between journalists and linguistic experts regarding legal actions on protection of honor and dignity.

April 5
All media, Kurgan-Tube, Khatlon province

On 5 April, the Tajik National Association of Independent Mass Media (NANSMIT) held a training session in the city of Kurgan-Tube, Khatlon province on the topic “Legal and ethical bases for media activities in Tajikistan”. The session was held within the framework of the legal project supported by “Internews Network” and the US Agency for International Development.

According to the chairman of NANSMIT Nuriddin Karshibaev, 22 participants – media professionals and experts – developed recommendations regarding the legal and ethical standards in the media.

The training session in Khatlon was continued by another three-day seminar “Quality of media products” supported by the US organization National Endowment for Democracy (NED). The main purpose of the seminar was improvement of analytical and research skills of media professionals.

Similar seminars were organized in the cities of Khujand and Kulyab, on 13 April and 20-22 April respectively.

April 11
The Tajik Media Council, Dushanbe

On 11 April, the director of the private TV company SMT Zinatulloh Ismoilion was elected the chairman of the Tajik Media Council.

The chairman of NASMIT Nuriddin Karshibaev was elected the deputy chairman of the Council on the issues of freedom of media in Tajikistan.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Accusations of libel and insult

April 27
Charkhi Gardun, private newspaper, Dushanbe

The Firdausi district court in Dushanbe adjourned the final verdict against the Charkhi Gardun weekly.

The lawsuit against Charkhi Gardun was initiated by Saivali Nurov, former member of the Tajik parliament from Khatlon province. Nurov complained that a publication in the newspaper (27 July 2010) contained slanderous accusations against him and demanded to bring Charkhi Gardun to responsibility on Articles 135 and 136 of the Tajik Criminal Code (Libel and Insult accordingly).

2. Violation of the principle of transparency of legal proceedings

April 7
Galina Dzutseva, the Vetchorka weekly, Dushanbe

On 7 April 2011, the correspondent of the newspaper Vetchorka Galina Dzutseva was rudely pushed out from the premises of the Economic Court in Dushanbe.

Galina Dzutseva was in the court on the errand of her editor.

3. Ungrounded limitation of access to information

April 6
Saidali Dustmatov, Khatlon province radio

On 6 April 2011, the correspondent of the Khatlon province radio Saidali Dustmatov approached the chair of the Women and Family Affairs Committee Kurbongul Pirkhonova to require information about the number of divorced women in the region.

The public official refused to provide such information until the journalists brings a special request from the Khatlon broadcasting authorities.

April 11
All media, Kulyab, Khatlon province

Referring to “orders from above”, branches of big Tajik banks refuse to provide journalists with information on remittances from Tajik labor migrants.

The journalist Turko Dikaev based in Khatlon told the NANSMIT monitoring service that the authorities do not care about the ethical side of the issue, i.e. “it is indecent to count somebody’s money”… In his opinion, the local authorities are concerned about the negative political image of the central government unable to counter the problems of unemployment.

“Upon the background of growing prices, extreme poverty and unemployment, the millions of US dollars and Russian rubles from Tajik labor migrants reveal the helplessness of the government. Thus, they have chosen the simplest way – to ban the publication of these figures”, — Dikaev added.

April 29
Bek Zukhurov, Communications Service, Tajik government

The Communication Service under the Tajik government sent an official order to all mobile telephone companies, according to which the previously issued licenses on the use of radio-electronic means and network interconnection are invalid.

In the order issued on 27 April, the head of the Service Bek Zukhurov indicates that as of the 1 May, all external sources of communication used by commercial companies on the territory of the country must be switched off.

All types of international network interconnection are also banned, except for those through the state operator.

Bek Zukhurov explained that “this action is caused by the necessity of ensuring the state security in the country and proper regulation of radio frequencies”.

3. Illegal confiscation of property

April 20
Paykon, private newspaper, Dushanbe

On 20 April 2001, officers of the Firdausi district court in Dushanbe confiscated all equipment from the premises of the Paykon newspaper.

Journalists of the Paykon say that this action is illegal because the confiscated computers and other office equipment officially belong to the Bureau on Advisory Services and Linguistic Expertise.

In 2009, the Firdausi district court issued a verdict against Paykon imposing a fine in the amount 300 thousand Somoni (about $70 thousand). The lawsuit against Paykon was initiated by the Tajik State Standard Agency following a publication criticizing its activities impeding the development of entrepreneurship in Tajikistan.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

April 19
Asia Plus, Ozodagon, Farazh, private newspapers, Dushanbe

The court litigation between judges of the Tajik Supreme Court and the three private newspapers has been settled amicably.

The court hearings started in January 2010 after the newspapers quoted the attorney Solekhjon Juraev who told the media about cases of corruption in the Supreme Court.

The judges claimed a moral compensation from the private newspapers in the amount of 5,5 million Somoni.

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

Coordinator of the Monitoring Service
Abdufattokh Vokhidov

Project Manager
Nuriddin Karshibayev

In March 2011 the NANSMIT Monitoring Service received 17 reports. Ten 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 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

March 2
G. Afzal, chairman of the Khatlon province administration

On 2 March 2011, the authorities of Khatlon province held a meeting with representatives of the mass media. Inter alia, the officials discussed the problems of access to the Tajik TV channels, delivery of periodicals, improvement of the program content of the local TV-5 channel, and cooperation between the media and the administration.

2. Factual situation in the media

March 2
Vechorka, private newspaper, Dushanbe

A new periodical Vetchorka came off the press on 2 March in Dushanbe.

The founder of the new printing outlet is Gulnora Amirshoeva, a former editor of the weekly Vetcherny Dushanbe.

According to Amirshoeva, the new periodical is mainly oriented to municipal news and feature stories. The newspaper must become an “information indicator” of social, political and economic developments in the Tajik capital.

Vetchorka is published in Russian. It is planned to start disseminating the newspaper countrywide. In the nearest future, the newspaper will be launched online.

In January 2011, the former staff of Vetcherny Dushanbe denounced their withdrawal from the media holding Charkhi Gardun after a conflict with its owner, chairman of the Tajik Union of Journalists Akbarali Sattorov.

3. Amendments to the legislation and new draft laws aggravating the media environment

March 11
All media, Dushanbe

A round table on amendments to the Tajik media law in the area of the Internet as a platform ensuring access to information was held in Dushanbe. The event was organized by the Open Society Institute (Soros Foundation).

The amendments developed by two Tajik parliamentarians – Olimjon Salimzoda and Akramsho Felaliev – provoked a big resonance in the Tajik information community.

Participants of the media forum in Dushanbe expressed concern over the introduction of a term “online journalism”. Experts say that the introduction of such terminology may lead to limitations in access to information and new artificial impediments in the domestic media market. Due to such terminology, the authorities can start considering the Internet as the mass media, which can entail application of the media legislation to the online media.

March 28
Parliament of Tajikistan, Dushanbe

On 28 March, the Tajik parliament discussed the draft law “On mass media”.

The press secretary of the lower chamber of the Parliament Mukhamadato Sultonov told the NANSMIT monitoring service that the draft law will be further discussed at the next session of the Parliament.

4. Journalists protecting their civil and professional rights

March 14
Civil society, Dushanbe

The Coalition of Tajik NGOs in charge of an alternative report to the United Nations Committee Against Tortures issued a statement to protect the Asia Plus weekly.

The Tajik Bureau on Human Rights and Rule of Law, the Sughd Bar Association, the Human Rights Center in Dushanbe, the National Association of Attorneys “Sipar”, the NGO “Amparo”, the NGO “RDI”, and the NGO “Equal Opportunities” signed the statement expressing concerns about the frequent lawsuits against journalists and the media, which entail self-censorship and undermine the freedom of speech in the country.

“It is alarming that the journalist who touched upon the problem of tortures is accused of aiding terrorists. It is seen as intimidation of other journalists in the country”, — says the statement.

The Tajik Coalition of NGOs calls upon the Tajik law enforcement agencies to carry out urgent investigations on the cases described in the article written by Ramziya Mirzobekova and published by Asia Plus, and to present the results of these investigations to the public.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Accusations of libel and insult

March 29
Charkhi Gardun, private newspaper

The court hearing on the case of the former Tajik parliamentarian Saivali Nurov against the private weekly Charkhi Gardun is adjourned until 5 April.

Nurov applied to the court after the publication of an article titled “Will the official-hooligan appear in court?” (27 July 2010). The former parliamentarian says that the article defames his reputation and demands to bring the medium to responsibility according to Articles 135 and 136 (Libel and Insult respectively) of the Tajik Criminal Code.

March 31
Makhmadyusuf Ismoilov, correspondent, Nuri Zindagi, Sughd province

The correspondent of the Nuri Zindagi weekly Makhmadyusuf Ismoilov has beenunder custody for four months in the city of Khujand.

Initially, the correspondent was detained for his publications containing criticism of the authorities. However, the court incriminates him four articles of the Criminal Code, including “extortion”, “incitement of religious and racial feud”, “libel” and “insult”.

Colleagues of Ismoilov told the media that the journalist and his relatives experience pressure from the law enforcement agencies who conduct the investigation.

2. Impediments to professional activities

March 9
Bahriddin Sangmadov, correspondent, Pazhvok, Kulyab, Khatlon province

The correspondent of the Pazhvok weekly in the city of Kulyab Bakhriddin Sangmadov told the NANSMIT monitoring service that he is being intimidated by the police. On 8 March, he was detained near the premises of the Kulyab university while filming the cutting of trees.

Sangmadov says that the main reason for his detention and the conversation with the police is his cooperation with the Pazhvok weekly.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

March 14
Asia Plus, Farazh, Ozodagon, private newspapers, Dushanbe

The Sino district court in Dushanbe adjourned the hearings on the case of the judges of the Tajik Supreme Court against three private weeklies – Asia Plus, Farazh, and Ozodagon – until 17 March.

The judges applied to the court demanding a moral compensation from the newspapers in the amount of 5,5 million Somoni (about $1,250 million) after the publication of articles quoting the attorney Solijon Juraev who accused the Tajik legal system and particular judges of corruption. Juraev was quoted as speaking publically at a press conference in Sughd province.

On 4 March, the court presented the results of an independent linguistic expertise implemented at the Institute of Language and Literature under the Tajik Academy of Sciences. The expertise proves that the publications in the three periodicals contain no libel or insult against the judges.

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 February 2011 the NANSMIT Monitoring Service received 23 reports. Four of them describe the factual situation in the media in the light of socio-legal and political environment; fourteen 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

February 24
Mirzoshokhrukh Asrori, Minister of Culture, Dushanbe

Speaking at the round table “Development of the freedom of speech during the 20 years of Tajikistan’s independence”, the Tajik Minister of Culture Mirzoshokhrukh Asrori said that “there is no such level of the freedom of speech in many countries of the region as it is in Tajikistan”.

The Minister said that, regardless of numerous violations of the legislation by many media, the government creates no impediments for their free functioning.

February 24
Akbarali Sattorov, chairman of the Tajik Union of Journalists, Dushanbe

The chairman of the Tajik Union of Journalists suggested to establish fines for journalists who violate the standards of Tajik language. This suggestion was made at the round table “Development of the freedom of speech during the 20 years of Tajikistan’s independence”.

Sattorov said that journalists often use the language of “rednecks” and unnecessary foreign words although the words with the same meaning are available in Tajik language.

2. Journalists protecting their civil and professional rights

February 8
All media, Dushanbe

The Tajik Union of Journalists, the National Association of Independent Mass Media, the Media Alliance of Tajikistan and the Indem Foundation published a joint statement expressing concern about the attack against Khikmatullo Saifullozoda, the editor of the Najot weekly (printing body of the Islamic Renaissance Party).

The media organizations require a thorough investigation from the law enforcement agencies.

“The reasons for the attack are unknown, but in democratic society, the attempt upon life or health of a journalist or a public person, as well as any other citizen is not acceptable. This is a grave crime and the assailants must be severely punished”, — says the statement.

“Certain experts see a relation between Saifullozoda’s journalistic activities and the attack. The media organizations are ready to conduct their own investigation and to assist the law enforcement agencies”, — the statement says.

February 19
All media, Kulyab, Khatlon province

On 18 and 19 February, The British Institute for War and Peace Reporting (IWPR) held a seminar in the city of Kulyab in Khatlon province on the topic “International standards of journalism and manufacturing of analytical radio packages”.

The main goals of this training are to strengthen practical skills among young journalists and ensure sustainable media coverage of social, political and economic developments in the region.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Impediments to professional activities

February 3
Ramziya Mirzobekova, correspondent, Asia Plus weekly, Dushanbe

The correspondent of the Azia Plus weekly, Ramziya Mirzobekova has been repeatedly summoned to the office of the prosecutor general after her publication “Investigation or inquisition?” (21.12.2010).

The prosecutor general’s officials do not clarify the status of the journalist, but they do not allow the newspaper’s lawyer to take part in interviews, which look more like interrogations.

In her article, Mirzobekova told about the facts of cruel treatment of people in custody by the police. On 25 January 2011, Azia Plus received a copy of the notice of claim from Anvar Tagoimurodov, the head of the Unit on Countering Organized Crime under the Ministry of Interior, saying that the publication defames the dignity and reputation of the the law enforcement agency. Tagoimurodov claims 1 million Somoni (more than $200 thousand) as a moral compensation.

The prosecutor general’s assistant, Rajabali Yuldashev demanded from Mirzobekova to give the names of the anonymous sources who shared the information used in her article.

The journalist refused to give the names referring to Article 29 of the Law “On printing and other mass media” protecting persons who share information with the media, except for requirements of the court.

The editor of Asia Plus Marat Mamadshoev told the NANSMIT monitoring service that Mirzobekova has stopped communicating with the prosecutor general’s officials on the insistence of the editorial board.

February 10
Juma Tolib, Bureau of Linguistic Expertise, Dushanbe

Juma Tolib, director of the Bureau of Linguistic Expertise and Journalistic Investigations and the editor of the Paykon weekly told the NANSMIT monitoring service that the Ministry of Justice demands to close this public organization. On 10 February, the Firdausi district court in Dushanbe held a hearing on the legal action of the Ministry of Justice against the Bureau.

Tolib says that the main reason for the persecution of his organization is the criticism of the authorities in articles published in the Paykon weekly.

2. Attack on journalist

February 7
Khikmatullo Saifullozoda, editor of the Najot weekly, Dushanbe

On 7 February 2011, the editor of the Najot weekly was badly beaten not far from his house. In grave condition, he was delivered to the National Medical Center.

February 14
Ivar Vikki, head of the OSCE Bureau in Dushanbe

The OSCE ambassador to Tajikistan Ivar Vikki condemned the cruel attack on Khikmatullo Saifullozoda, the editor of the Najot weekly, the printing body of the Tajik Islamic Renaissance Party.

“The attack on Mr. Saifullozoda causes a deep concern. The freedom of speech is the cornerstone of the democratic society. The violence and threats against those who express their opinion are seen as attacks against the values respected in Tajikistan – the country that has its own history of intellectual debates and dialogues”, — said the ambassador.

February 16
Office of the European Union in Dushanbe

Heads of the diplomatic missions of the European Union condemn the attack on Mr. Khikmatullo Saifullozoda, editor of the Najot weekly and the member of the Islamic Renaissance Party of Tajikistan.

The ambassadors interpret this cruel attack as an act of intimidation targeted against individual rights and freedoms of political and information self-expression.

The heads of diplomatic missions of the European Union demand the Tajik authorities to conduct a thorough investigation and bring criminals to responsibility.

3. Violation of the principal of transparency in legal proceedings

February 10
Mavzuna Muhammadali, Vetcherny Dushanbe weekly, Dushanbe

The correspondent of the Vetcherny Dushanbe weekly Mavzuna Muhammadali was asked to leave the premises of the Economic Court without any explanations. The correspondent came to the hearings on the case on the Central Universal Store in the Tajik capital.

III. CONFLICTS, VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

February 7
Asia Plus weekly, Dushanbe

The preliminary hearing on the lawsuit of the head of the Interior Ministry’s unit on countering organized crime, Anvar Tagoimurodov against the Asia Plus weekly was adjourned since the compliant did not show up in court.

On 21 January, Tagoimurodov filed a lawsuit at the Fidrausi district court in Dushanbe against the newspaper demanding a moral compensation for defamation in the amount of 1 million Somoni.

February 8
Millat weekly, Dushanbe

On 8 February, the Firdausi district court in Dushanbe ordered that the moral compensation in the amount of 1,500 Somoni (about $300) be made to the Ministry of Agriculture. Besides that, the newspaper must publish a confutation by the Ministry of Agriculture against the article published in December 2009 “The Ministry of Agriculture is the most corrupt government agency”.

The editor of Millat Adolat Umarova stated that the court decision is unfair and illegal. She noted that, according to Tajikistan’s legislation, the moral compensation can be made only to individuals, not organizations. Besides that, the judge made the decision ignoring the evidence of corruption in the Ministry.

“The Millat weekly will appeal against the verdict in the upper judicial instance”, — said Umarova.

15 February
Khusnigul Daminova, former employee of the Tajik State television, Dushanbe

The Shohmansur district court in Dushanbe finished the hearings on the case of Khusnigul Daminova, former employee of the Tajik State television and sent her for psychiatric examination. Daminova was charged for disorderly conduct and aggression against Asadullo Rakhmonov, chairman of the State TV Company.

Malokhat Domullojonova, the judge of the Shohmansur district court said that the investigation of the case is suspended and the defendant should pass medical examination.

According to Daminova’s relatives, her scandal with the chairman of the State TV started when she wanted to discuss the issue of providing her with a municipal apartment after 16 years of service in the TV Company.

2. Violation of the order of registration of public organizations

17 February
Juma Tolibov, director of the public organization “Bureau for linguistic expertise and media investigations”, Dushanbe

The Firdausi district court launched hearings on the case of the “Bureau for linguistic expertise and media investigations”, a public organization based in Dushanbe.

In February 2011, the Ministry of Justice applied to the Firdausi district court with a demand to close the public organization. It should be noted that the Bureau is also the founder and owner of the Paykon weekly.

According to Juma Tolib, the director of the Bureau and the chief editor of Paykon, the Ministry of Justice want to close both the Bureau and the newspaper referring to an allegation that the Bureau is not registered in the tax inspection body.

Tolib says that the organization was registered in the Firdausi district tax inspection unit in February 2009, and the claims of the Justice Ministry are groundless.

The Ministry of Justice complains that the Bureau had changed its legal address and failed to inform the relevant parties.

Juma Tolib says that the real reason behind the persecution are publications in Paykon criticizing the government.

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 January 2011 the NANSMIT Monitoring Service received 20 reports. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; seven reports describe direct violations of rights of media professionals; and two reports describe conflicts and accusations against the media and journalists.

I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL 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

January, 10
Kulyab city, Khatlon province

The Khatlon province authorities have opened an information-analytical unit in the administrative center, the city of Kulyab. The unit will coordinate activities of the media in ten districts of Khatlon province.

The unit will be headed by Temursho Faizaliev, correspondent of the Sadoi Mardum (Voice of People) weekly in Khatlon province. The creation of the media unit is based upon the necessity of covering big territories in the province.

According to NANSMIT monitoring service, the 10 districts of Khatlon with the population of 1 million have access to 10 newspapers (printing bodies of local administrations); two TV stations – one government and one private – broadcast in Khatlon.

13 January
Sukhrob Sharipov, Strategic Research Center under the President’s office

“The Party of Islamic Renaissance of Tajikistan (PIRT) is hardly more popular than the Communist Party of Tajikistan. However, our journalists give preference to PIRT thus ignoring the opinions of the other seven political parties”, — said Sukhrob Sharipov, director of the Strategic Research Center under the Office of the President.

The director of the state think tank considers that the government and the media pay way too much attention to PIRT. “Parliamentary elections last year showed the real popularity of PIRT – only two representatives got their seats in the parliament”.

Sharipov states that Tajikistan should not follow the suit of Islamic countries. “The Islamic states nowadays are the most undeveloped. We have chosen the democratic way and must go along this way. We can keep on going only if we stick to the democratic, secular and legal orientation”, — he said.

13 January
Usmon Solekhov, head of the PDPT public relations unit, Dushanbe

“The People’s Democratic Party of Tajikistan (PDPT) has no problems in relations with the media”, — said Usmon Solekhov, head of the PDPT public relations unit. The statement was made in response to the speech of Sukhrob Sharipov, director of the government think tank who criticized the Tajik media for paying excessive attention to the Islamic Renaissance Party and ignoring the other political forces in the country.

Solekhov said that PDPT has its own printing body – the Minbari Khalk weekly; and the party remains open for all media, including private ones.

“In certain cases, private newspapers refuse to publish articles and interviews prepared by our party, but this is their absolute right”, — he added.

Solekhov considers that certain political parties are passive in their relations with the media, and this is their own fault; journalists have nothing to do with that.

14 January
Asadullo Rakhmonov, Broadcasting Committee under the government, Dushanbe

According to Asadullo Rakhmonov, head of the Tajik State TV and Radio Committee under the government, ten applicants were denied TV broadcasting license in 2010.

According to Rakhmonov, the reason for denial is the “lack of registration documents”, i.e. the applicants failed to present the whole package of required papers. The official added that “most of those who want to create a TV company do not have sources of financing and proper documents confirming compliance of their equipment to existing technical standards”.

14 January
Asadullo Rakhmonov, Broadcasting Committee under the government, Dushanbe

Afghanistan, Iran and Tajikistan cannot settle the issue of joint TV broadcasting. According to the REGNUM news agency, Iran has failed to deliver the promised broadcasting equipment.

Asadullo Rakhmonov, chairman of the Tajik broadcasting body under the government told the media that the broadcasting studio in Dushanbe is ready, but the Iranian counterparts delay the delivery of equipment, and Afghanistan ignores meetings to discuss the issue.

Prior to that, the Iranian ambassador in Dushanbe told journalists that the constant putting-off of the launching of the joint TV channel is caused by the position of the Afghan colleagues. Although the ambassador did not get into details, experts say that the Afghan counterparts are not disgruntled over the name of the new broadcasting enterprise – “Persian-language TV Channel” – saying that most of Afghanistani are Pashtu for whom the Persian language is not their mother tongue.

Experts also say that the parties cannot agree on the broadcasting schedule, contents of TV programs and the appearance of TV anchors. Iran and Afghanistan are Islamic states, and Tajikistan is a secular one.

The decision on creation of a joint Persian-language TV channel was reached in July 2006 in Tehran between the presidents of Tajikistan and Iran. In March 2008, at a tripartite meeting in Dushanbe, Afghanistan joined the initiative. It was also agreed that the broadcasting studio will be located in the Tajik capital.

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

14 January
Freedom House, USA

The international human rights watchdog Freedom House published its annual report where Tajikistan is rated in the category of “non-free” countries.

In 2011, Freedom House defined the freedom index in 194 countries and 14 territorial units. The rate scale is from 1 to 7. There are three dimensions of freedom for the countries: free, partially free and non-free. The free countries are given the index 1.

Tajikistan gained 6 points in the rating of political rights, i.e. it belongs to the category of countries with no political freedoms. In the rating of freedom of society Tajikistan gained 5 points.

Freedom House indicates the overall deterioration for five years in a row, hitting the all time high in the 40 years of the ratings’ history.

The most undemocratic are North Korea, Turkmenistan, Libya, Uzbekistan, Sudan and Iran.

Among the former Soviet countries, the Ukraine, Moldova, Georgia, Armenia and Kyrgyz Republic are named “partially free states”. The “free states” are Lithuania, Latvia and Estonia. Russia, Belarus, Azerbaijan, Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan have belonged to the category of “non-free countries”.

Freedom House has been involved in annual ratings of civil and political freedoms since 1972.

January 27
Bozor Sobir, Tajik poet, Dushanbe

“The Tajik mass media are not free; it cannot bring any benefit to the people”, — said Bozor Sobir, a popular Tajik poet. (Interview with the Millat weekly, #04, 26.02.2011).

“The Tajik press outlets publish everything – all kinds of jokes and gibberish… The “existing” freedom of expression is only for the benefit of spiritual leaders and mosques”.

Bozor Sobir noted that there is a necessity to introduce censorship in printing media and book publishing. “Dushanbe is overstaffed with useless books; even the authors don’t read them. Those books cannot do any good to the people. Unless measures are taken, this mess will keep going…”

3. Journalists protecting their civil and professional rights

January, 04
The Committee of 29 September, Dushanbe

The Coalition of the Tajik media organizations recently formed for protection of professional rights and journalists – The Committee of 29 September – has declared its voluntary dissolution in connection with main tasks.

In October 2010, a group of media managers, representatives of media and public organizations and particular activists created a media coalition, which was named “The Committee of 29 September”. This name is related to the date of the beginning of the unprecedented pressing of the Tajik independent mass media.

On 29 September 2010, the authorities blocked access to two local and three foreign web sites (Avesta.Tj; Tojnews.Tj and Tjknews.com; Ferghana.Ru; Centrasia.Ru accordingly). A few days later, the Tax Committee officials accompanied by the state TV crews held inspections of all private printing houses countrywide, after which the latter refused to provide their services to three private newspapers – Farazh, Nigokh, and Paykon. These actions were also accompanied by statements of the Minister of Defense accusing the private media of provocations and “jetting a crisis” upon the background of a complicated military-political situation. There was another particular statement about censoring of the contents of all periodicals prior to printing.

Members of the Committee promised to coordinate their activities and undertake all possible legal actions in order to return the situation to the previous state and terminate censorship.

It should be noted that the main participants of the Committee – representatives of the four blocked online sources and one association, NANSMIT – have undertaken joint actions to accomplish the tasks. These actions have resulted in the following:

— a statement addressed to the head of the state and his direct subordinates;
— a statement addressed to the international human rights bodies and foreign governments;
— a wide-scale public information campaign focused on the problems in the area of the freedom of speech (development of a web blog; social network pages; launching of banners; a series of interviews in foreign online media and TV);
— preparation of claims and legal actions against the government bodies exercising and supporting pressure against the independent media;
— negotiations with parties involved.

These actions have caused an international resonance and essential feedback in the Tajik government and non-governmental organizations. Gradually, the web sites were unblocked; the newspapers Nigokh and Farazh resumed their publications.

By 1 January 2011, the Committee fully accomplished its tasks. The attempts to limit the media freedom are neutralized by the Committee; the local media work in normal mode. Thus, the Committee decided to declare its voluntary dissolution.
Along with that, the media and other organizations, the former members of the coalition henceforth, jointly and individually, will keep protecting the indispensable rights of citizens on access to information. The web site of the coalition – http://tjk29.livejpurnal.com and the e-mail address – komitet29@gmail.com will be valid for further activities and consolidation of the media community to keep informing the public about the problems and the progress of the parties, former members of the coalition, as well as about the monitoring of rights in the media.
The created coalition, its success and victories have proven that the media community is a serious public force able to influence the processes of democratic development and civil rights.

January, 20
The Tajik Media Alliance, Dushanbe

The Tajik Media Alliance called on the resigned staff of the Vetecherny Dushanbe weekly and the owner of the newspaper to hold negotiations and find consensus in the conflict.

“The conflict may result in idleness of our colleagues who must keep covering the ongoing events in the country and perform their professional duties”, — said Khurshed Niyozov, the secretary of the Media Alliance.

On 19 January, the whole staff of Vetcherny Dushanbe made a statement of resignation in view of “rude violations by the owner of the newspaper against the personnel”.

In his turn, Akbarali Sattorov, director general of the Charkhi Gardun Ltd, which the newspaper belongs to stated that the journalists’ actions is sabotage.

The Media Alliance is ready to play the role of a mediator and peacemaker in this conflict. Niyozov added that this incident may have a negative impact on the recent successes and achievements of the Tajik mass media.

January, 28
All media, Kurgan-Tube

Independent journalists in the city of Kurgan-Tube organized a press club. This public organization will hold monthly meetings to discuss the issues of professional development, legal support and analyze publications in the local media.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Accusation of libel and insult

January, 6
Makhmadyusuf Ismoilov, correspondent, Nuri Zindagi weekly, Khujand, Sughd province

The International human rights watchdog Reporters Without Borders calls for the release of Makhmadyusuf Ismoilov, a newspaper reporter who has been detained arbitrarily by prosecutors in Khujand, in the northern province of Sughd, since 23 November.

Ismoilov was arrested at the behest of the regional prosecutor’s office one day after an article he wrote about its alleged corrupt and irregular practices was published in the newspaper Istikol. His detention is clearly designed to stop him working as regional correspondent.

He has often criticized the local authorities during the three years that he has worked as a Khujand-based reporter for various newspapers including the national weekly Nuri Zindagi. It is regrettable that the only response from the local authorities to his criticism it to arrest him. It is doubtful that regional prosecutor Anvar Kanoat’s investigation is impartial.

Ismoilov is charged under various articles of the criminal code with libel, insulting an official, inciting religious and racial hatred and blackmail. Nuriddin Karshiboyev, the head of the National Association of Independent Media of Tajikistan (NANSMIT), says he is being prosecuted solely because of what he wrote.

The trial is due to take place at the end of January and the Sughd regional court has ordered that Ismoilov be detained throughout the pre-trial investigation. Nuri Zindagi editor Djumo Mirzo has received a letter from the prosecutor requesting copies of all the articles that Ismoilov has written for the newspaper.

Reporters Without Borders calls for Ismoilov’s release pending the start of the trial. It also supports NANSMIT’s call for a fair trial and respect for the right to an independent defence.

The situation of the media and access to information has still not returned to normal after the crackdown carried out by the Tajik authorities in September (http://en.rsf.org/tadjikistan-after-using-civil-war-spectre-to-15-10-2010,38552.html). Several news websites are still experiencing hosting problems and some newspapers, including Faraj and Paikhon, are still being harassed and having problems finding a printer.

2. Impediments to professional activities

January, 21
Khosiyat Komilova, K Plus TV, Khujand, Sughd province

On 21 January 2011, the law enforcement agencies managed to prevent a terrorist attack in Khujand. Two suspiciously looking vehicles stuffed with hand-made bombs were parked near the premises of the Interior Department.

Khosiyat Komilova and Ekhson Ibragimov, two journalists from the local TV company K Plus made some shooting for a news program; however, upon their return to the TV station, they were visited by two law enforcement officers who invited the journalists for clarification of “certain details” related to the evacuation of local residents.

“When we left the office, we saw a police car and six armed policemen. We were placed in the vehicle and delivered to the Khujand city Interior Department”, — told Komilova.

The journalists were reproached for filming of “secret objects”. The policemen said the journalists had no right for shooting and sent their technician to the TV station to destroy the filmed meterials.

Komilova complains that the law enforcement bodies in Sughd province are reluctant to cooperate with the media. “We have to go through a number of offices to get permission for information”, — she said.

The incident with the K Plus is not the first of this kind. In September 2010, the Sughd province law enforcement servicemen detained journalists working for the local and international media and confiscated their equipment. A journalist from the Asia TV & Radio company was beaten by the police; they threw his photo camera in the river.

January, 27
Abdunasim Rajab, freelance photo journalist, Dushanbe

On 27 January, during a training photo session, the police detained Abdunasim Rajab, a student of the Tajik National University.

Rajab complains that the policemen treated him like a criminal.

The student was performing a task filming in the streets of Dushanbe. After the detention by the traffic police, he was delivered to the Shohmansur district police station where he was charged with filming police officers. The student was forced to give his fingerprints; all pictures in the camera were deleted.

3. Ungrounded limitation of access to information

January, 13
All media, Dushanbe

Tajik journalists are not satisfied with the quality of quarterly press conferences conducted by government institutions. (Farazh weekly, #2, 12.01.2011).

Zarina Khushvakht, correspondent of the BBC Persian service says that it is nice to attend quarterly press conferences, where one can get answers to questions; on the other hand, when an urgent response is needed, bureaucrats send the journalist to the forthcoming press conference, saying that “right now, they cannot share any information”.

“All press conferences are conducted in accordance with established standard – officials spend 30-40 minutes telling the audience about their work”, — says Nazarali Pirnazarov, correspondent of CA-News. — “Some officials go beyond the limits of decency saying rude things; others restrain from comments as if they do not have their own opinion”.

Abduazim Abduvakhobov, correspondent of Imruz News says that a lot depends on the journalists’ talents and skills.

4. Impediments in dissemination of printing products

January 27
All media, Dushanbe)

The Asia Plus weekly published complaints from street vendors selling newspapers. (#07, 26.02.2011).

Street vendors say that the police push them away from public places where they usually sell newspapers saying that it is allowed to sell media products only in the newsstands (kiosks).

The mayor’s office press secretary Shavkat Saidov told the media that the police are acting on the basis of the city administration’s errand.

The mayor’s office instruction is quite controversial. On the one hand, selling of printing products in “inappropriate places” is prohibited; on the other hand, the officials say that nobody banned street vendors from selling newspapers.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

January, 24
First TV Channel, Dushanbe

The mayor’s office in Dushanbe accused the journalists of the First State TV Channel of lack of professionalism and preconception.

According to Shavkat Saidov, the city administration’s press secretary, the complaint is caused by a series of TV stories about preparation of municipal communal services to the winter season.

January, 27
Asia Plus weekly, Dushanbe

The Union of Journalists of Tajikistan (UJT) and the Tajik National Association of Mass Media (NANSMIT) express their concern in relation to persecution of journalists who use their right to expression, which contradicts the standards of the national and international law.

On 26 January 2011, the Asia Plus weekly published a legal notice of claim by the head of the Organized Crime Control Unit of the Tajik Interior Ministry Anvar Tagoimurodov, who states that the newspaper has disseminated slanderous information thus affecting the reputation of the law enforcement agency. The official demands a compensation from Asia Plus in the amount of 1 million Somoni (about $225 thousand).
The reason for the claim was an article y Ramziya irzobekova “Investigation or inquisition?” published in Asia Plus on 21.12.2010. The article contained information about tortures against persons on remand in the law enforcement units of Sughd province.

Tagoimurodov states that “correspondents write their stories based on quotes of people who are biased, and these stories are slandering and insulting”. He also alleged in his statement that Mirzobekova and other journalists who were covering the terrorist attack in Khujand (in September 2010) “personally knew those who committed the attack; and they were aware of the criminals’ evil intentions, and, probably, had relations with them”.
He editor of Asia Plus Marat Mamadshoev called this statement of the law enforcement official accusing journalists of helping terrorists “outrageous”. Ramziya Mirzobekova has been repeatedly invited to the Prosecutor General’s office – allegedly for clarification of facts in her article; however, the officials are not really interested in lerning about the sources of information. The correspondent is incriminated in committing grave crimes; but she is not allowed to apply to a lawyer. This is a violation of the legislation; namely, the clauses prohibiting the disclosure of names and sources of information.
According to Article 19 of the International Pact on Human and Political Rights, which Tajikistan signed in 1999, citizens are guaranteed their right to freedom of expression, including the right to seek for and disseminate any information or ideas, regardless of the state boundaries – verbally or in written form, by means of printing or in artistic forms.

According to Article 30 of Tajikistan’s Constitution, citizens are guaranteed the freedom of speech, printing and the use of mass media; the state censorship and persecutions are prohibited.

The growing number of persecutions of journalists in Tajikistan and the court cases prove that the final goal of the complainants is not to “rectify mistakes”, but to shut down journalists. The pressure upon Tajikistan’s independent media might lead to serious restrictions of the freedom of speech in self-censorship, which has a negative impact on the image of Tajikistan in the international arena.
UJT and NANSMIT call the Prosecutor General’s office and other law enforcement bodies on investigating this case in order to stop any violations of constitutional rights in the country, in particular, the right to expression and access to information.

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 December 2010 the NANSMIT Monitoring Service received 17 reports. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; five reports describe direct violations of rights of media professionals; and one report describes conflicts and accusations against the media and journalists.

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

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

15 December
Emomali Rakhmon, President of Tajikistan, Moscow, Russian Federation

Speaking at the meeting of the Collective Security Treaty Organization (CSTO) in Moscow, the President of Tajikistan Emomali Rakhmon stressed the importance of information security. (The Najot weekly, #50, 15.12.2010, with a reference to BBC).

In particular, the President said that “Tajikistan is a reliable adherent of the joint countering of crimes in the area of information and information technologies”.

Enhancement of the legislation in the area of information security must be one of priorities of joint activities within the frameworks of CSTO.

2. Factual situation in the media

6 December
Imruz News, private newspaper, Dushanbe

The first daily newspaper Imruz News has resumed its publication. The newspaper had a two-week break because of financial difficulties, said Isfadiyori Nazar, chief editor of the outlet.

“We analyzed our financial problems and restructured three units; however, we did not reduce the staff, and all employees have their own workloads”, — said the editor.

The first daily newspaper came off the press for the first time on 30 August 2010. The daily printout of the information-analytical newspaper is 3 thousand copies.

8 December
Gulnora Amirshoeva, Vetacherny Dushanbe weekly, Dushanbe

On the eve of the Forum of the European and Asian Media, the newspaper Sobytiya (#54, 08.12.2010) published an interview with chief editor of the Tajik weekly Vetacherny Dushanbe Gulnora Amirshoeva who shared her opinion about the Tajik journalism.

Amirshoeva says that the Tajik journalism has its own specific problems, such as inactivity and poor development of the civil society, which hinders pluralism of opinions. People are reluctant to share their opinions with the media. Journalism has lost its main functions behind financial problems; it is “booked” by the authorities or foreign sponsors.

The Tajik media experience acute shortage of professionals. The old teaching methodologies in universities are not in compliance with requirements in the media. Another problem is a poor coverage of the audience and the lack of commercial opportunities for the media, i.e. the network for selling of media products. The electronic media also cannot convey important messages to the audience – in view of the insufficient power supply in remote areas.

3. Amendments to existing legislation and new draft laws aggravating the media environment

3 December
All media

The lower chamber of the Tajik parliament created a special working group in charge of developing the final draft of Tajikistan’s media law. The working group comprises parliamentarians, government officials and representatives of the civil society organizations.

4. Journalists protecting their civil and professional rights

1 December
The Committee “29 September”, Dushanbe

On 1 December, most of the Tajik media informed about the meeting of the Committee called “29 September”. The new public organization was created by managers of the leading Tajik media. On 30 November, the coalition convened a meeting to discuss the situation and suggest new measures in order to reinstate legality and justice in the media environment.

It was noted that the situation has not changed in the last few weeks, and media professionals are still facing serious impediments to their activities. In November, newspapers as Farazh and Paykon experienced difficulties with printing facilities. Participants of the meeting developed a number of actions for the next few weeks. The Committee states that the national government should interfere and rectify the situation.

1 December
All media, Dushanbe

On 1 December, representatives of Tajik media and human rights organizations sent an official appeal to the President of Kazakhstan Nursultan Nazarbaev whose country is currently presides in OSCE. The appeal contains a request of assistance to prevent violations of human rights and media freedom, which, in particular, concerns the problem of pressure exerted by the government on private media.

“The main goal of this action is to attract attention of heads of the OSCE member states to the situation in Tajikistan’s media environment and to resolve conflicts within the information space following the national legislation and Tajikistan’s commitments to OSCE”, — said Nuriddin Karshibaev, chairman of NANSMIT.

The official letter was presented to Ms. Minara Rakhanova, counselor of the Kazakh embassy in Dushanbe.

9 December
All media, Dushanbe

Tajik journalists and human rights activists received awards for their input in covering the issues of human rights and freedoms in 2010. The awards were given by two organizations – the British Institute for War and Peace Reporting (IWPR) in Central Asia and the Human Rights and Legality Bureau.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Accusations of libel and insult

13 December
Makhmadyusuf Ismailov, Nuri Zindagi weekly, Sughd province

On 23 November, the Sughd province law enforcement authorities in Asht district arrested a 50-year-old Makhmadyusuf Ismailov, correspondent of a private newspaper Nuri Zindagi (Ray of Life). The fact of arrest was publicly reported only on 13 December.

The journalist is suspected in crimes specified in Article 135 and 136 of the Tajik Criminal Code (libel and insult contained in public statements or in mass media) and Article 250 (extortion).

Observers say that Ismailov’s arrest is related to a publication in the Istiklol weekly, which reveals misconduct of law enforcement officers and the absence of justice in Ast district.

Juma Mirzo, editor of Nuri Zindagi has confirmed the fact of arrest of his correspondent. The editor says that the Ast district prosecutor sent an official letter requesting copies of all articles, which Ismailov is the author of.

30 December
Reporters Without Borders

Reporters Without Borders called for the release of Makhmadyusuf Ismoilov, a newspaper reporter who has been detained arbitrarily by prosecutors in Khujand, in the northern province of Sughd, since 23 November.

Ismoilov was arrested at the behest of the regional prosecutor’s office one day after an article he wrote about its alleged corrupt and irregular practices was published in the newspaper Istikol. His detention is clearly designed to stop him working as regional correspondent.

He has often criticized the local authorities during the three years that he has worked as a Khujand-based reporter for various newspapers including the national weekly Nuri Zindagi. It is regrettable that the only response from the local authorities to his criticism it to arrest him. It is doubtful that regional prosecutor Anvar Kanoat’s investigation is impartial.

Ismoilov is charged under various articles of the criminal code with libel, insulting an official, inciting religious and racial hatred and blackmail. Nuriddin Karshiboyev, the head of the National Association of Independent Media of Tajikistan (NANSMIT), says he is being prosecuted solely because of what he wrote.

The trial is due to take place at the end of January and the Sughd regional court has ordered that Ismoilov be detained throughout the pre-trial investigation. Nuri Zindagi editor Djumo Mirzo has received a letter from the prosecutor requesting copies of all the articles that Ismoilov has written for the newspaper.

Reporters Without Borders calls for Ismoilov’s release pending the start of the trial. It also supports NANSMIT’s call for a fair trial and respect for the right to an independent defence.

The situation of the media and access to information has still not returned to normal after the crackdown carried out by the Tajik authorities in September (http://en.rsf.org/tadjikistan-after-using-civil-war-spectre-to-15-10-2010,38552.html). Several news websites are still experiencing hosting problems and some newspapers, including Faraj and Paikhon, are still being harassed and having problems finding a printer.

16 December
Committee to Protect Journalists, NYC, USA

The Committee to Protect Journalists today denounced the imprisonment in northern Tajikistan of Makhmadyusuf Ismoilov, a reporter with the Dushanbe-based independent weekly Nuri Zindagi. Ismoilov was arrested in Sogd region on November 23, but the regional press first reported on the case on Monday. Ismoilov is currently being held in a pretrial facility in the city of Khujand, according to the local press.
The Dushanbe-based National Association of Independent Media of Tajikistan said Ismoilov was criminally charged with defamation and insult through the media (two separate counts). If convicted, Ismoilov faces up to two and a half years in prison. Authorities have not named a plaintiff in the indictment.

Nuriddin Karshiboyev, the media association’s director, told CPJ he believes Ismoilov was arrested in retaliation for his reporting. Ismoilov consistently criticized the regional government, law enforcement agencies, and the judiciary for alleged mismanagement, poor social and economic policies, and abuse of power, Karshiboyev told CPJ. According to Karshiboyev and local press reports, regional prosecutors asked Nuri Zindagi to provide them with all the articles Ismoilov had written for the weekly since he joined the newspaper in 2008.

“We call on Tajik authorities to drop all these politicized charges against Makhmadyusuf Ismoilov and release him at once,” CPJ Europe and Central Asia Program Coordinator Nina Ognianova said. “Tajikistan must decriminalize its defamation and insult laws in order to bring itself in line with international norms for press freedom.”

Karshiboyev told CPJ that he has studied Ismoilov’s publications in detail and has not found any instances of insult or defamation.

CPJ is a New York–based, independent, nonprofit organization that works to safeguard press freedom worldwide. For more information, visit www.cpj.org.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

8 December
Millat weekly, Dushanbe

Court hearings on the lawsuit by the Ministry of Agriculture against the Tajik non-government weekly Millat are adjourned (Millat, #49, 08.12.2010).

The judge Dilorom Abdurakhimova told the media that the court needs additional information and facts for proper investigation of the case.

The Ministry initiated the suit because of the publication in Millat titled «The Ministry of Agriculture is the most corrupt government agency”.

The Ministry demands a moral compensation in the amount of 1 million Somoni (about $230 thousand).

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

Coordinator of the Monitoring Service
Abdufattokh Vokhidov

Project Manager
Nuriddin Karshibayev

In November 2010 the NANSMIT Monitoring Service received 15 reports. Nine 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 three report describes conflicts and accusations against the media and journalists.

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

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

4 November
Farazh weekly, Dushanbe

The newspaper Farazh has experienced difficulties with the state-owned printing facilities. The last time, it was published with the help of another periodical – Facts & Arguments; the latter provided Farazh with its own printing space, i.e. both newspapers united into one. The issue was published on 8 pages of the A2 format; the number of copies is 5 thousand.

30 November
The Committee “29 September”, Dushanbe

On 30 November, a media coalition called the 29 September Committee held a meeting to discuss the current situation in the Tajik media and to propose new actions in order to reinstate legality and justice within the media environment.

Participants noted that the situation has aggravated in the last few weeks, and the non-government media keep experiencing serious problems in their professional activities.

In particular, the weeklies Farazh and Paykon could not get access to printing facilities in November, after which they had to use primitive and expensive printing technologies. Access to several news web sites is blocked, which entailed financial losses among the owners of these web resources.

The Committee developed a number of measures, including a piquet in the capital, certain legal actions against organizers of the media pressing and other measures to attract international attention to the situation, in which the government violates the Constitution and the legal act Tajikistan committed to.

2. Journalists protecting their civil and professional rights

4 November
All media, Khorog, GBAO

A two-day seminar was held in the city of Khorog, the administrative center of Gorno-Badakhshan Autonomous province (GBAO). The seminar on the topic “The Internet and new media in protection of human rights” was supported by the British Institute for War and peace Reporting (IWPR), the Eurasia Foundation and the Tajik government, under financial assistance of the European Commission and the Norwegian foreign ministry. The seminar was held within the framework of the project “Human rights and education through the media in Central Asia”.

10 November
All media, Dushanbe

The project “Blogging as a tool for expanding the information space” successfully finished in Dushanbe on 10 November. The project was funded by a Canadian aid agency and was implemented by the Center of Information-Communication Technologies and the Aurora Association of adolescents.

During a tree-week training, 15 media professionals from different regions of Tajikistan gained knowledge and skills in the area of modern information technologies and transmission of information. The main outcome of the project is the creation of 15 personal blogs, which are available at: www.ngoyonc.org.

12 November
All media, Khorog, GBAO

A seminar for radio journalists was held in the city of Khorog, the administrative center of Gorno-Badakhshan Autonomous province. The topic of the seminar is “International standards of radio journalism and production of analytical radio projects”. The seminar was organized by the British Institute for War and Peace Reporting (IWPR).

Shakhodat Saibnazarova, project coordinator told NANSMIT that the main purpose of the seminar is to provide young radio journalists with new methodologies of radio production, enhancement of their skills and knowledge about analytical radio journalism.

II. VIOLATIONS OF RIGHTS IN THE MEDIA

1. Freedom of information

4 November
Muattar, the printing facility of the Party of Islamic Renaissance, Dushanbe

According to the Asia Plus weekly (#54, 03.11.2010), the printing house Muattar belonging to Tajikistan’s Islamic Renaissance Party had to deny access to its facilities in order to avoid potential pressure from the authorities.

Deputy chairman of PIRT Makhmadali Khait said that at present, the printing facility produces only the weekly Najot and the magazine Safinai Umed.

Khait said that the printing house provided its services to the private weekly Paikon, but later, had to deny further access for other newspapers in fear of government’s reprisals.

Chairman of PIRT Mukhiddin Kabiri at a recent meeting with the US ambassador in Dushanbe Kenneth Gross said that his party sent an official letter to the Tajik foreign ministry expressing concern about the necessity of performing the commitments, which Tajikistan has to OSCE; however, PIRT has received no response from the MFA.

4 November
U.S. Representative to the OSCE in Vienna

On November 4, the U.S. Representative to the OSCE delivered a statement to the OSCE Permanent Council in Vienna expressing a serious concern over the recent developments in Tajikistan that appear to limit media access and media freedom while increasing pressure on independent media.

“We share the concerns expressed by the Delegation of Belgium on behalf of the European Union on October 28, and by the OSCE Representative on Freedom of the Media Ms. Dunja Mijatovic. In her statement on October 18, Ms. Mijatovic called upon Tajik officials to recognize the importance of maintaining media pluralism and to reverse the ongoing deterioration of the media freedom situation in Tajikistan”, — he said.

In response, the Delegation of Tajikistan stated that «Tajikistan does not have an official policy on Internet filtering» and that publication of newspapers had been suspended due to «technical problems.» It appears, however, that the government of Tajikistan in fact ordered internet service providers to block five websites and ordered publishing houses to cease publication of three independent newspapers.

We note that in mid-October the Deputy Minister of Transport and Communications sent a letter to several internet service providers ordering them to block four of these websites in order to «protect the information security of the nation.» There are credible reports that government officials ordered printing houses to stop printing the three newspapers because they published material perceived to be critical of government officials.

We take strong exception to the October 4 statement by the Minister of Defense, General Sherali Khairulloev, that journalists who reported on the government’s response to the security situation in the Rasht Valley were providing cover for terrorists and committing a serious crime.

Lawsuits brought against independent newspapers Asia Plus, Farazh, Ozodagon, Paykon, and Millat remain active. As the Representative on the Freedom of the Media warns, if court decisions to award disproportionate damages in libel lawsuits brought on by public officials are not reconsidered by the higher courts, these publications could face closure.

These tactics, along with launching tax or prosecutorial inspections by authorities against journalists and printers is no less than what Ms. Mijatovic calls it: a case of serious non-compliance with Tajikistan’s OSCE media freedom commitments and we call upon the government of Tajikistan to reverse this course at once. Specifically, we call on the Tajik authorities to stop pressuring printing houses and newspapers, cease blockage of independent websites, and stop using tax authorities to harass independent news outlets.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

11 November
Asia Plus weekly, Dushanbe

The Firdavsi district court in Dushanbe dismissed the claim of Ms. S. Safarova against the Tajik private weekly Asia Plus.

Safarova’s claim was based on an article published in Asia Plus (#30, 30.09.09) about the crimes in the Tajik capital mentioning the name of her son.

Correspondents Mirzobekova and Gufronov wrote in their articles about assaults on currency exchange offices in 2009 in Dushanbe. Referring to the Interior Ministry’s press center, Asia Plus reported that the Tajik law enforcement agencies arrested an organized crime group headed by Shavkat Safarov. It was indicated in the article that Safarov was sentenced to life in prison.

In her claim, Safarova (the mother of the convict) stated that her son received a 25-year term, and after the publication she had health problems. She demanded a moral compensation of 12 thousand Somoni (about $2.700).

Marat Mamadshoev, editor of Asia Plus explained that the mistake was made by the Interior Ministry, and Asia Plus did not have any fraudulent intent. Besides that, the newspaper published an explanation rectifying the mistake.

30 November
Millat, private newspaper, Dushanbe

The court hearing on the lawsuit of the Tajik Ministry of Agriculture against the private weekly Millat will be held on 1 December 2010.

The first hearing took place on 25 February 2010. The Ministry applied to the court after a publication titled “The Ministry of Agriculture is the most corrupt government agency”.

The Ministry stated that the newspaper published a defaming article and demands moral compensation in the amount of 1 million Somoni (about $230 thousand).

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

Coordinator of the Monitoring Service
Abdufattokh Vokhidov

Project Manager
Nuriddin Karshibayev