I. POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL PECULIARITIES DEFINING THE VIRTUAL STATUS OF THE MEDIA
1. Public statements made by government officials; impact on the media
June 26
Emomali Rakhmon, President of the Republic of Tajikistan, Dushanbe
An official function followed by a concert dedicated to the 10-th anniversary of the signing of the General Peace Agreement in Tajikistan took place on 26 June in Dushanbe. The function was attended by representatives of the government and parliament, public organizations, diplomatic corps and international organizations accredited in Tajikistan.
President Rakhmon in his speech expressed gratitude to journalists of both printing and electronic mass media for their contribution in peace-building and the establishment of the national accord in Tajikistan. The leader of the State also noted that journalists facilitated to the fastest repatriation of Tajik refugees after the civil war.
The General Peace Agreement was signed on 27 June 1997 in Moscow. Since then, this day is celebrated in Tajikistan as the National Unity Day.
June 28
Emomali Rakhmon, President of the Republic of Tajikistan, Dushanbe
According to Asia Plus news agency, on 28 June the government of Tajikistan convened an official meeting.
Sherkhon Salimov, director of the State Finance Control and Anti-Corruption Agency presented a report to the government on the progress made by his unit during the last five months. Salimov told the news agency that during this period the Agency conducted 122 financial audits revealing non-purpose use of the national budget funds and logistical embezzlement in the amount of 16,6 million Somoni (about $5 million).
President Rakhmon assigned public officials to disseminate the outcomes of the audits through the mass media.
2. Projects and modifications; amendments in the legislation affecting the mass media
June 28
Majlisi Namoyandagon Majlisi Oli of the Republic of Tajikistan (lower chamber of the parliament), Dushanbe
The lower chamber of the parliament approved a draft law presented by A. Miraliyev, K. Makhkamov, M. Makhmudov and Ch. Zakirov, members of the upper chamber of the parliament. The new legal provision leads to the expansion of punishment for dissemination of wrong information through the media.
From now on, eight articles of the Criminal Code of the Republic of Tajikistan defining criminal liability for defamation and insult, apart from printing and electronic media, will also be applicable to the Internet sources.
The parliamentarians explained that the relevant structures will monitor online publications containing libel and false information, retrieving their authors and bringing them to responsibility.
3. Assessment of the media environment and freedom of speech
June 7
All media, Dushanbe
Participants of the conference “The Role of Europe in the Development of Tajikistan” held on 2 June 2007 in Dushanbe consider that the European media reflect the situation in Central Asian countries improperly and wrongly. (Source: BBC Tajik service, 7 June).
The European mass media keep speaking of Tajikistan as of a hot spot. Participants of the Conference say that such attitude and the media coverage impede to investments in Tajikistan’s economy. The participants also stressed that the Tajik authorities do not pay due attention to the promotion of the domestic economic achievements.
June 7
Fahriddin Kholbek, freelance journalist, Dushanbe
Freelance journalist Fahriddin Kholbek in his interview to told the Deutche Welle correspondent Nigora Bukharizade the following: “I don’t believe that after the opening of the National Press Center the situation will improve. The problem of access to information arises from a certain State policy, i.e. the government wants to disseminate only the information it is interested in”. (Source: Asia Plus №23, 07.06.07).
June 13
Najot weekly, Dushanbe
On 13 June Najot weekly published an article by Zarafo Rakhmoni titled “The one-sided press”. Analyzing the recent publications in the government and private media, the author asserts that the public life and activities of Tajik women are covered one-sidedly.
June 14
Millat weekly, Dushanbe
“We will loose the information battle unless…” is the title of the conversation between the Tajik journalist K. Bekmuhammad and a well-known political expert Tohiri Abdujabbor published in Millat weekly on 14 June 2007. Abdujabbor considers that the authorities should improve the quality of the domestic TV and radio broadcasting, eliminate self-censorship within the private media, and ensure full freedom of speech in order to protect Tajikistan’s information environment.
July 23
Freedom House, USA
Freedom House, a US-based international human rights watchdog has published a report on freedom of speech around the globe. The report describes new methods of censorship invented and applied in the post-Soviet countries.
Christopher Volcar, the author of the report in his interview with Radio Liberty noted that the new methods of censorship differ from the previous ones only by form.
“The old Soviet censorship might be called “the State method”, i.e. the whole process from the beginning to the end was under control of the State, thus forming a wholesome regime. Now, the authorities apply various tools of control over the media, which is the main distinctive feature of the new censorship”.
The authors of the report say that the authorities thoroughly put on their thinking while bringing pressure to bear upon the press. They pay more attention to television rather then to the printing media, since the latter have a smaller audience. Besides that, the authorities establish new government radio and TV companies and newspapers that serve exclusively their interests.
In Volkar’s opinion, the Internet, as one of the newest mass media, also attracts the attention of authorities who try to find the ways of controlling it. Nuriddin Karshibayev, chairman of the Tajik National Association of Independent Media also confirmed this allegation in his interview to Radio Liberty.
June 28
Weeklies Najot and Nigokh, Dushanbe
Najor weekly (№26, 28.06.07) in an article titled “The new censorship in post-Soviet countries” informs that the authorities in the former Soviet republics have invented new forms of censorship with the purpose to control the independent media. The new censorship differs from the old one only in its form. The newspaper Nigokh (№26, 28.06.07) published a similar article referring to the latest Freedom House report.
3. Journalists protect their civil and professional rights
June 2
NANSMIT, Dushanbe
On 1-2 June 2007, Tajikistan’s National Association of Independent Media conducted a workshop “Development of legal support skills” for the staff of NANSMIT’s Legal Support Centers in Sughd and Khatlon provinces and in Dushanbe.
The workshop was conducted within the framework of the project “Legal Support to Independent Mass Media in Tajikistan” under support of the US-based NGO National Endowment for Democracy (NED, USA). After the accomplishment of the workshop, the participants developed their proposals on the topics of legal aid, which NANSMIT will be rendering to Tajik journalists.
June 2
International Radio of Tajikistan Ovozi Tojik, Dushanbe
On 1 June, the International Radio Ovozi Tojik (The Voice of Tajik) launched its broadcasting. According to the TV and Radio Broadcasting Committee under the government, the new station will broadcast daily from 7 a.m. until 23 p.m. in Tajik, Farsi, Russian, Uzbek, English and Arabic languages. In the future, it is planned to launch broadcasting in other languages. The TV and Radio Committee informs that 60 office and studio facilities have been refurbished, furnished and technically equipped; the expenditures for that amounted to 35 thousand Somoni (about $10 thousand).
June 7
National Information Agency Khovar, Dushanbe
According to Zindagi weekly (№ 23 от 07.06.07), the National Information Agency Khovar has launched its new web site. Since 2002, it is the third web site of the Agency. It differs from the previous ones – now, Khovar presents information in five languages^ Tajik, Russian, Persian, English and Arabic.
June 7
Radio Tajikistan, Dushanbe
Asadullo Rakhmonov, chairman of the TV and Radio Committee under the government in his interviews to Comments & Facts weekly (№23, 07.06.07) and Farazh weekly (№23, 07.06.07) said that Radio Tajikistan has started broadcasting in digital mode. According to Rakhmonov, the digital equipment has been already procured and partly installed. The government allocated more than 1 million Somoni (about $300 thousand) from the State budget. The equipment is purchased in Japan, England and Canada where broadcasting is maintained in a similar technical mode.
The Radio of Tajikistan was established on 10 April 1930. Following the independence, in 1992, Furugi Oriyono studio was set up in order to fill in Tajikistan’s broadcasting space, and in 1999 the government established Radio Sadoi Dushanbe (The Voice of Dushanbe). The broadcasting palette is quite diverse; the Radio of Tajikistan’s daily broadcasting ration on different frequencies amounts to 56 hours.
June 14
Jumaboy Tolibov, freelance journalist, Dushanbe
Farazh weekly (№ 24, 14.06.2007) published an open letter of Jumaboy Tolibov who was unlawfully convicted, and later partially acquitted. Tolibov’s letter titled “A statement of claim as adjudication” is addressed to N. Abdulloyev, chairman of Tajikistan’s Supreme Court. The author requires the judges to reconsider his case at a Supreme Court session.
June 16
All media, Dushanbe
On 15-16 June the Information-Analytical Department under the President’s Office together with the UN Peace-building Office conducted a workshop “Formation, development and protection of the unified information space in Tajikistan”.
Participants of the workshop discussed the following topics: “The media and the legal aspects of Tajikistan’s national security”, “Legal and practical aspects of relations among the media, legal entities and individuals concerning the national and information security”.
June 17
All media, Dushanbe
On 15-16 June the Tajik National Olympic Committee organized a workshop of Olympic solidarity for Tajik sports journalists.
The opening ceremony was attended by Secretary General of the Tajik National Olympic Committee, Sharifjon Mamadsafoyev, Chairman of the Association of Tajik Sports Journalists, Narzullo Latipov, and Director General of the Tajik National Olympic Committee, Mukhammadsho Abdulloyev.
The participants of the workshop discussed the topical problems of sports journalism in the country, the issues of media ethics, and other ongoing developments.
June 18
All media, Khujand, Sughd province
On 7 June 2007, the Second Summer School for Teachers of Journalism started its work in Sughd province. During one week teachers of six media faculties and departments of Tajik universities studied new best teaching practices and methodologies. It is expected that after the completion of the course, the participants will form methodological groups to develop courses on “Management and the Media”, “Legal Bases of Media Activities”, “Ethical Standards for Journalists”.
Participants of the Summer School were selected on a competitive basis. The project is being implemented by the Association of Teachers “Society and Civilization” under support of the Open Society Institute.
June 18
“Simoi Mustakili Tojikiston” (Independent Television of Tajikistan), Dushanbe
A presentation ceremony of a new TV channel “Simoi Mustakili Tojikiston” (Independent Television of Tajikistan) took place on 18 June in Dushanbe.
Vorisi Nazar, the TV channel editor in chief said that the new TV company intends to fill in the information space in Tajikistan. The main distinctive feature of the new broadcasting company is a variety of original programs. The company will broadcast daily in Tajik language from 6 a.m. to 8 a.m. and from 6 p.m. to midnight.
“The only exception in terms of the language, will be some movies and cartoons in Russian language, — Nazar said. — In the perspective, we are planning to translate all movies into Tajik”.
It should be noted that “Simoi Mustakili Tojikiston” received its broadcasting license on the eve of the presidential election in October 2006.
June 19
All media
Freedom House Europe (Hungary) and the European Commission have launched the project “Countering tortures in Central Asia”.
On 19 June the National Human Rights Bureau held a press conference in Dushanbe. The National Human Rights Bureau will be administering the Tajik segment of the project. According to the Tajik project coordinator, Kakhramon Sanginov, the main purpose of the project is to counter tortures by means of capacity building among human rights activists, and a thorough documenting of all cases of tortures along with protection of victims’ rights, development of new strategies, and regular access to closed institutions.
The project is especially targeted towards the media coverage of the problem. Sanginov stressed that the media should pay more attention to the problems of tortures and timely address the relevant issues. A new coalition network has been established in the countries covered by the project (10 human rights activists and 5 journalists in each country).
Five journalists, representatives of different geographical areas of Tajikistan have been selected on a competitive basis to participate in project implementation. Among them are well-known media professionals: Kurbon Alamshoyev (Gorno-Badakhshan), Tilav Rasoulzoda (Sughd province) and Turko Dikayev (Khatlon province).
June 21
Sughd province media, Khujand
New projects sponsored by Eurasia Foundation in Central Asia will be presented on 22 June in Khujand. The presentation ceremony will be attended by representatives of the Sughd province media. (Source: Inter Press Service).
This event will be accompanied by a round table involving Kokhir Rasoulzade, Chairman of Sughd province and Evard Vinger, Eurasia Foundation Regional Coordinator. It is expected that Eurasia Foundation and the local media (newspaper Hamsoyatkho (The Neighbors), Khujand, and the TV company Ustrushona, Istravshan) will sign agreements on cooperation.
June 27
The Sixth Ecological Media Festival in Central Asia, Bishkek
Three Tajik journalists won prizes at the Sixth Festival of Environmental Journalism in Central Asia. The award ceremony took place in Bishkek, Kyrgyz Republic on 27 June.
The first prize in the nomination “Original Program” went to Dilbar Ismatova who represented Radio Sadoi Dushanbe. Bakhtiyor Valiev from Varorud news agency, Khujand won the second prize in the nomination “The Best Publication”. Faromouz Muminjanov, a young journalist from TV Poitakht with his work won the third prize.
About 500 original articles, TV and radio programs published and broadcast in the period from September 2005 until April 2007 were presented to the Festival jury by journalists from Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan and Turkmenistan.
June 28
Information agency Zarafshon Times, Khujand, Sughd province
On 28 June, the Ministry of Justice Sughd province department registered a new information agency – Zarafshon Times.
Khurshedi Avotullo, Chairman of the Media Investigation Center and one of the founders of the newly established agency said that Zarafshon Times will be headed by Jumaboy Tolibov, a well-known Tajik journalist.
“Our main goal is to fill in the information vacuum in Zeravshan valley and establish a close cooperation with the media on the provincial and national levels, — said Avotullo. — We are planning to publish weekly news bulletins and create a resource center under the agency for young journalists”.
June 29
All media, Dushanbe
A workshop “Online journalism: opportunities and perspectives for young journalists” was held on 28-29 June in Dushanbe. The workshop was organized by the National Press Center.
Participants of the workshop learned about the history and latest developments in the Global Network. The training session revealed some of the aspects of online journalism, which can serve as an information resource tool and a field of activities for media professional. Some segments of the workshop allowed the participants to learn practically how to use information portals and online retrieval systems.
The National Press Center was opened for Tajik and foreign media professional a month ago due to the imitative of the Tajik Foreign Ministry Information Department and under support of the UN Development Program and the Swedish International Development Agency (SIDA).
II. VIOLATIONS OF RIGHTS IN THE MEDIA
1. Violations of constitutional guarantees of the freedom of creative activities
June 22
Faiz Mirasanov, correspondent of TV Badakhshan, Khorog, GBAO
During a meeting between radio and TV journalists and the Deputy Chairman of GBAO Muhabatsho Ruzadorov, journalist Faiz Mirasanov noted that the authorities of Khorog city and Gorno-Badakhshan Autonomous Oblast interfere in the activities of the local media.
Many officials consider that radio and television of Badakhshan are “the loudspeaker of power”, and force the electronic media to film and broadcast various meetings, which are of no interest to the audience at large.
“There’s no real coverage of public life in the regional media. In the meantime, the stations broadcast insignificant small-scale official meetings”, — said Mirasanov.
June 20
Makhmudkhon Sarayev, senior specialist, Information-Analytical Department under the President’s Office, Dushanbe
“If the government could control the web sites, it would – to a certain extent – ensure the information security in the country”, — said Makhmudkhon Sarayev, senior specialist of the Information-Analytical Department under the President’s Office. Sarayev voiced his opinion at a workshop “Formation, development and protection of the unified information space in Tajikistan”. In his opinion, authors have perfect freedom to launch whatever they wish, including false information, and it is impossible to take any measures against them. On 20 June, Najot weekly published an article “Information security: a threat and danger” quoting the President’s Office servant.
June 25
Galina Dzutseva, correspondent, Vetcherny Dushnabe weekly
Correspondent of Vetcherny Dushanbe Galina Dzutseva was invited to Mayor’s Office and was requested to present a written explanation concerning her article published on 21 June. Answering the readers’ questions about the demolition of old buildings in Dushanbe downtown area, the author commented that the President did not sign any decrees in that regard.
The municipal officials expressed their discontent because the correspondent did not mention them in the publication. Dzutseva had to write an explanatory note and confirm that she received the information in Mayor’s Office.
COMMENT
Interference in the activities of the mass media is a violation of the rights of the media and the freedoms of speech and creative activities of journalists. Any attempts to force – directly or indirectly – any topics, contents and volumes of publications, as well as demands of obligingness to publish materials, or otherwise, not to publish them are not legally grounded.
Article 30 of the Constitution guarantees the citizens right to speak freely, to publish materials and to use the mass media. It also means that journalists have the right to freely disseminate their viewpoints, opinions, beliefs and evaluative judgments. Journalists have the freedom of choice of topics, genres and creative techniques. In the same way, nobody has the right to impede journalists’ legal professional activities (Article 162 of the Criminal Code, Article 36 of the law “On printing and other mass media”), or otherwise, to oblige an editor or a journalist to publish a certain material unless such an obligation is envisaged in certain legal provisions (Article 25 of the law “On printing and other mass media”).
2. Groundless denial of publicly important information
June 7
Manuchehr Mirzoyev, correspondent, Radio Vatan, Kurgan-Tube, Khatlon province
On 5 June 2007 correspondent of Radio Vatan Manuchehr Mirzoyev came for an interview to Abdumajid Sharipov, director of the inter-district unitary water-supply enterprise Vodocanal in Kurgan-Tube, Khatolon province. The official refused to answer a question about the reasons of insufficient water supply in residential districts. “I have just had an interview with another journalist, and don’t want to discuss the same topics with anybody else”, — said the official. Sharipov also refused to readdress the journalist to any of his deputies or other competent persons.
June 8
Davlat Saimurodov, correspondent, Oriyono Media, Kurgan-Tube, Khatlon province
On 8 June 2007, Mr. Khudoyberdiyev the head of the Khatlon province sanitary-epidemiological department refused to accept Davlat Saimurodov, correspondent of Oriyono Media who wanted to discuss the sanitary situation in the province.
According to the journalist, Khudoyberdiyev stated that he is leaving for a field trip to Kabodiyon district, and does not have time for interviews.
COMMENT
According to Article 30 of the Constitution, the freedom of speech and the right to use the mass media are guaranteed and protected. Exceptional are certain cases related to national secrets or other confidential information protected by law. As for the cases described above, the journalists were trying to obtain information that has no relation to the national secrets or other confidential data protected by law.
Article 31 of the law “On printing and other mass media” say that journalists are entitled to look for information, to receive and disseminate it by any legal means. Above that, Article 5 of the law in question obliges all public institutions, non-governmental organizations and their officials to provide the requested information to the media. According to Article 27 of the law mentioned above, denial in provision of information is subject to discussion with higher authorities or administrative appeals to the court.
3. Ungrounded writ of subpoena
June 20
Zulfiya Lashkarbekova, correspondent, TV Badakhshan, Khorog city, Gorno-Badakhshan Autonomous Oblast (GBAO)
On 20 June, Mr. Nazirov, investigator of the GBAO prosecutor’s office phoned to the TV Badakhshan and demanded an explanatory note from Zulfiya Lashkarbekova concerning her material broadcast by the local TV station.
In response, Lashkarbekova said that the explanations of that kind do not come within her duties. After that she was subpoenaed. The journalist tried to explain that the explanations about the TV materials are beyond her professional competence, and readdressed the investigator to the TV company’s administration. Nazirov calmed down only after an official application of the correspondent to Rashid Gulmadshoyev, the GBAO prosecutor. The prosecutor offered an apology and promised to take certain measures in order to avoid such behavior of his subordinates.
Correspondent of TV Badakhshan noted that the incident described above is not the first of this kind.
COMMENT
In the described case, the investigator violated the procedural rights of the journalist. Any subpoena for attendance of law enforcement structures or prosecutor’s office should be fully and legally grounded. The official who calls up the citizen is obliged to clearly explain the reason for subpoena, give the information about the date and time of appearance, and the expected quality of the subpoenaed.
We recommend the media professionals to learn more about their civil and legal rights. While defending their interests and rights, journalists should model their professional behavior from Lashkarbekova.
4. Violation of the order of dissemination of the media
June 5
The State media, Kulyab, Khatlon province
The subscription to some of the State printing outlets is based upon the order from above rather than on the people’s interest to them.
According to the decree №1/508 issued by the Khatlon province administration in December 2006, the residents of Kulyab are obliged to subscribe to 510 copies of Jumkhuriyat weekly. Following the decree in question, the municipal authorities published a new instruction saying that the number of subscribers should be doubled.
The Kulyab city administration released a special “allotment” and sent it over to enterprises, organizations and institutions. It turned out that some organizations had formalized the subscription only for the first six months – only to give an account of the number. Now, the circumvention has become obvious, and somebody has to pay for the subscription for the second half of the year. It also turned out that the 1,020 copies are not sufficient for the Kulyabis, and “the love to the newspaper” should be proven by additional subscription. The administration went into a tail-spin, and the superior officials decided to subscribe each local official to the newspaper for the second half of 2007.
June 29
Badakhshan newspaper, Khorog city, Gorno-Badakhshan Autonomous Oblast (GBAO)
The readers of Badakhshan weekly have not been receiving the newspaper for two weeks. The editors say that the only printing house existing in Khorog city is cut off the power supply system in view of the newspaper’s arrears for electricity. This is not the first case of halting. In March 2007 one issue of the newspaper did not appear because of a strike at the printing house. The newspaper keeps facing various problems, and the editing board cannot cope with them alone.
It should be noted that Badakhshan weekly is an official printing body of the GBAO authorities.
June 14
Nuri Sarband weekly, Khatlon province
Mr. Khudoyorzoda, editor in chief of Nuri Sarband weekly was dismissed for publishing a critical article. Another editor of the same newspaper, Berdy Valiyev was also dismissed, allegedly for insisting on the necessity to open a newspaper’s bank account.
The current editor, Khaitboi Loyikov is puzzling now through the newspaper’s financial problems since the Sarban municipal administration, the founder of the weekly allocates the money irregularly and occasionally. Only one issue of Nuri Sarband appeared over the last six months. The paper that had a limited number of subscribers (only 90 persons) proved to be very expensive. The subscription for six months amounted to each subscriber to 17 Somoni (about $5).
COMMENT
In the first case described above, the forced subscription on Jumkhuriyat weekly is not legally grounded. Article 30 of the Constitution guarantees the freedom of receipt of any information, and thus, the freedom of choice of information. Thus, none of the public bodies or officials has the right to establish the order of dissemination of the medium, and none of the editors or publishers has the right to foist his outlet upon the readers.
As for the other cases described above, apart from the violation of the order of dissemination of the media, there is an obvious violation of the constitutional guarantees of the freedom of creative activities, and the violation of the economic rights of the media, which lead to restriction of civil rights among the readers.
III. CONFLICTS AND VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS
1. Protection of honor, dignity and business reputation
June 14
Tajik State Television, First Channel, Dushanbe
On 14 June 2007 Millat weekly published a feedback to a TV show Nigokhi Komil (The Perfect Glance) broadcast on 25 May by the First TV Channel. The authors of the letter R. Nazarova, M. Sayidova and Z. Khurramova, members of the teachers-parental association of the local gymnasium named after Nizami expressed their discontent over an unethical behavior of Komil Kholov, the TV show host who, in authors’ opinion, discredited the gymnasium teachers before the audience.
June 14
Millat weekly, Dushanbe
On 14 June 2007 Millat weekly published an article by Kamari Abdulloh titled “Isn’t Karamatullo a sincere believer?” Abdulloh’s article is a feedback to the story of Karamatullo Kalandarov titled “Don’t think that the forest is empty” (№23, 07.06.07), where the author expresses his disagreement that Eshoni Nurriddinjon and Khoja Mirzo, interpreters of Quran insult their coreligionists. According to Abdulloh, the religious servants do not insult the people; on the contrary, they direct the Muslims to righteous deeds.
June 14
M. Bakhtiyor, correspondent, Farazh weekly, Dushanbe
On 14 June 2007 Farazh weekly published a material of M. Bakhtiyor “Our Russia is against us?” Analyzing the recent programs of the Russian independent channel TNT, the author states that its program “Our Russia” defames the honor and dignity of Tajik people.
“Although this is a comedy show, it does not touch upon the other nations. Why the Tajiks have become the figure of fun?”, — the author asks; and responds himself, — “Because the Tajik labor migrants in Russia remain unprotected and rightless”.
M. Baktiyor considers that such racist TV shows provoke hatred and disrespect to the Tajik people among the Russian audience. The author asserts that “Our Russia” has an affiliation to one of the Russian racist movements promoting its interests.
June 15
Asia Plus weekly, Dushanbe
Radio Liberty reports that Salamsho Muhabbatov, one of the leaders of the former Tajik military opposition is going to sue Asia Plus weekly for libel.
Muhabbatov’s charges are built upon the recent article by Nargis Khamrabayeva titled “A Tajik officer is killed for a drug debt” telling a story of a recently assassinated Mukimsho Muhabbatov (the brother of Salamsho) who was a deputy commander of a border guard detachment on the Tajik-Afghan border. Referring to an anonymous source in the Tajik law enforcement structures, the author says that Muhabbatov was killed by Afghan drug dealers for non-paying his debt for 200 kg of smuggled drugs.
Salamsho Muhabbatov is confident that Asia Plus in its publication defamed his deceased brother’s honor and dignity. Said Sharifov, Muhabbatov’s lawyer said that his defendant required the amount of 100 thousand Somoni (about $33 thousand) as a moral compensation.
M. Muhabbatov was killed on 1 June 2007 at the steering wheel of his personal vehicle.
June 28
Business & Politics weekly, Dushanbe
The Tajik printing media continue the debates over the Russian TNT TV channel’s shows “Our Russia”. “Although “Our Russia” is a comedy show, it humiliates the Tajik labor migrants”, — says the author of an article published in Business and Politics (№25, 28.06.07).
June 30
Saidai Kurbon, Mukhayo Nozimova, Farangisi Mouzaffar, Ovoza weekly, Dushanbe
On 30 June Khaknazar Sharipov, head of the municipal prosecutor’s office preliminary investigation department in Dushanbe invited to his office the editor of Ovoza weekly Saidai Kurbon, and two correspondents of the newspaper – Mukhayo Nozimova and Farangisi Mouzaffar.
The editor asked Sharipov to send her an official subpoena. The official explained that a local pop singer, Raikhona Rakhimova applied with a petition to the prosecutor’s office accusing the editor and her journalists of defaming her honor, dignity and business reputation in the article “Raikhona in Afghanistan” (№ 25, 21.06.2007).
COMMENT
Our monitoring team documents frequent complains against the mass media; however, in most of the cases, the plaintiffs are usually adverse claimants, which is considered as legally improper.
According to Articles 24, 26 of the law “On printing and other mass media”, the person who considers that a published material contains unreliable or corrupt information, has the right to publish a feedback or demand a confutation of the published material. In case of refusal or digression to publish the response or confutation by the medium within the established time, the individual or legal entity has the right to appeal to the court.
According to Article 174 of the Civil Code, the individual or legal entity has the right to demand through the court a confutation of the information defaming his honor, dignity or business reputation, unless the person who disseminated such information proves the statement is true. The conditions for civil responsibility are the following:
— availability of information;
— if the information is unreliable;
— if the information defames the honor, dignity or business reputation of the plaintiff.
According to the legislation, the burden of averment of the published information is laid upon the medium and the author of the publication; and the averment of the fact of violation of private non-property rights is laid upon the plaintiff. Thereat, the plaintiff must prove that his personal non-property rights are violated, not the rights of an organization, a company or people.
The Board of the Supreme Court of the Republic of Tajikistan in its decree number 8 dated 4 June 1992 “On practical implementation of the legislation on protection of honor and dignity of citizens and organizations by the courts of the Republic of Tajikistan” issued on 4 June 1992, stipulates that “defaming are the data, which derogate honor and dignity of a citizen or an organization in the public opinion of certain citizens from the viewpoint of observance of law and moral principles of the society (for example, information about misleading, indecent behavior in labor collective, in the family; information defaming industrial and business activities, reputation, etc.). At the same time, demands to confute the data containing veracious criticism of the deficiencies of work, behavior in public places, in labor collective and in cultural life, cannot be acknowledged”.
This compilation is based upon reports presented to the Monitoring Service of NANSMIT by the Tajik media outlets and freelance journalists.
Coordinator of the Monitoring Network
Abdufattoh Vokhidov
Acting Head of the Legal Service
Rashti Tairov
Project Coordinator
Nuriddin Karshiboev