ASHGABAT — A Turkmen court has sentenced an RFE/RL correspondent to five years in jail after convicting him of encouraging a relative’s suicide attempt, RFE/RL’s Turkmen Service reports.

Dovletmyrat Yazkuliyev went on trial on October 4 for allegedly urging a relative to attempt suicide, in a case his family says is retaliation for his journalistic activities.

The Paris-based media watchdog Reporters Without Borders (RSF) said it was «dismayed and shocked» by the sentence against Yazkuliyev.

RSF said in a statement that «the reign of the arbitrary continues unchecked in Turkmenistan.»

He was one of the first journalists in Turkmenistan to cover deadly explosions at a weapons depot at Abadan near Ashgabat in July, which official media initially downplayed as a minor incident.

RSF called the charges against him «absurd» and said Yazkuliyev was being punished for his outspoken investigative reporting and his online blogs.

RFE/RL President Steven Korn called the case against Yazkuliyev «an outrage,» noting: «This was a bogus trial and a predatory sentence that shows that Turkmenistan authorities respect no law and no standards when it comes to their treatment of the media. RFE/RL protests the sentence vigorously and calls on others in the international community to condemn it as well.»

http://www.rferl.org/content/rights_group_denounces_sham_trial_against_rferl_journalist/24349776.htm

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

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

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

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

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

http://rus.ozodi.org/ & http://nansmit.tj/news/?id=2251

ASHGABAT — An RFE/RL correspondent in Turkmenistan has gone on trial over allegations that he urged a relative to attempt suicide, in a case his family says is retaliation for his journalistic activities.

Dovletmyrat Yazkuliyev faces up to five years in jail if convicted.

Yazkuliyev was one of the first journalists in Turkmenistan to cover deadly explosions at a weapons depot in the town of Abadan, near Ashgabat, in July, which official media initially downplayed as a minor incident.

RFE/RL President Steve Korn called the case outrageous, saying, «Authorities made no secret of their displeasure with Yazkuliyev after his independent and unscripted reports on Abadan this summer, and these charges seem deceitful and intended to silence him for good.»

Official reports were soon overshadowed by citizens’ posting of images and videos from near the scene of the massive blast, eventually forcing authorities to acknowledge the incident, although reports continued to suggest they were underreporting casualties.

http://www.rferl.org/content/trial_opens_rferl_turkmen_reporter/24349092.html

Full text of the article is here: http://www.eurasianet.org/node/64261

http://www.eurasianet.org/node/64261

ASHGABAT/PRAGUE — An RFE/RL correspondent in Turkmenistan is to go on trial for allegedly urging a relative to attempt suicide, in a case his family says is retaliation for his journalistic activities, RFE/RL’s Turkmen Service reports.

Dovletmurad Yazguliev faces several years in jail if convicted in a trial due to start on October 4.

Yazguliev was detained in his native Akhal province on September 27 and sent to Yashlyk detention center near the capital, Ashgabat.

Yazguliev was charged with driving one of his family members to attempt suicide. However, his relatives say the authorities have interfered in their family’s private life to intimidate Yazguliev for his journalistic activities.

Yazguliev’s family members told RFE/RL that they have «sufficient documents proving that his case is politically motivated.»

Yazguliev was one of the first journalists in Turkmenistan to cover deadly explosions at a weapons depot near Ashgabat in July which official media initially downplayed as a minor incident.

Yazguliev was later summoned to a police station and warned about possible consequences for his coverage of the blasts.

In a statement, RFE/RL President Steve Korn said, «Authorities made no secret of their displeasure with Yazguliev after his independent and unscripted reports on Abadan in July, and these charges seem deceitful and intended to silence him for good.»

Yazguliev, 43, has been working as an RFE/RL correspondent in Turkmenistan since 2007.

http://www.rferl.org/content/rferl_turkmen_reporter_to_go_on_trial/24347892.html

An important press-freedom case is reaching its conclusion in Tajikistan. Independent journalist Makhmadyusuf Ismoilov has been likened by colleagues to Robin Hood for his efforts to expose governmental corruption. Far from seeing him as a heroic figure, officials contend Ismoilov is a calumniator and want him locked up.

Prosecutors have asked a court in northern Sughd Province to give Ismoilov, a reporter for the independent Nuri Zindagi weekly, a 16-year sentence for insulting officials, defamation, and inciting ethnic tensions. The charges stem from a series of articles he wrote on high-level corruption in the province. Sentencing was scheduled for October 3, but the hearing was unexpectedly postponed. A journalist in Sughd said officials appear concerned by the attention the case has received in recent days.

Ismoilov, 51, has been in custody since November 2010. Watchdogs say his trial is designed to silence a government critic. His articles “were well within the bounds of responsible free expression,” Paris-based Reporters Without Borders (RSF) said in a September 30 statement.

“Everything about this prosecution smacks of political revenge rather than normal judicial proceedings,” a RSF statement continued. “The sentence requested is out of all proportion to the charges against Ismoilov. … Although this journalist has been in provisional detention for more than 10 months, the investigators have still been unable to produce any convincing evidence for the charges against him.”

The New York-based Committee to Protect Journalists (CPJ), meanwhile, called the charges against Ismoilov preposterous. «The Tajik authorities are using the threat of prison to intimidate journalists and shield officials from public scrutiny,» CPJ said in a statement.

Media rights watchdogs have used the criminal case of a BBC journalist to help draw outside attention to Ismoilov’s case. Urinboy Usmonov of the BBC’s Uzbek-language service was arrested this summer and held for a month in Tajikistan for allegedly belonging to a banned Islamic radical group, Hizb-ut-Tahrir.
CPJ asserted the charge was “trumped-up,” and his arrest prompted a diplomatic outcry. In response, officials reduced the charges, and the journalist was released on bail. He still faces five years for reportedly having contact with Hizb-ut-Tahrir members. Security officials say Usmonov should have volunteered information he learned during his reporting. His lawyers say journalists are legally protected from revealing their sources.

Defamation and other criminal charges that effectively silence critical media are common in Tajikistan. In addition to facing the possibility of prison, journalists often have to contend with financially ruinous lawsuits and/or physical violence.

In September, Khurshed Atovullo, chief editor of the Farazh weekly, told EurasiaNet.org that a local official was demanding 500,000 somoni ($103,000) for “defamation” after he published an article criticizing the official’s Mercedes. In 2010, his paper was not allowed to use its regular print house in Dushanbe for several weeks after critically reporting on the government’s operations to rout suspected Islamist militants in the Rasht Valley. And on August 31, unidentified men assaulted Atovullo in Dushanbe. Though there is no proof that attack was related to his professional activities, his friends believe the episode was a warning. Atovullo almost died after an attack by unknown assailants in 1995.

In another case, in January a senior Interior Ministry’s official filed a lawsuit against the Asia-Plus weekly magazine, demanding 1 million somoni ($210,000) in moral compensation for “defaming a public official, his dignity and business reputation.” The suit arose out of an article published by the magazine that examined police torture in Sughd. The case is still pending.

Nargiz Zokirova, director of the Bureau of Human Rights and Rule of Law, a non-profit organization based in Dushanbe, said official harassment often succeeds in silencing Tajik journalists.

“One of the most popular periodicals in the country describes a serious problem, after which it is publically accused of cooperating with terrorists,” Zokirova said, referring to a threat the defense minister made last year when journalists criticized government’s operations in Rasht. “It serves as an example not to be followed by other journalists, a lesson to be learned. But in reality, it is an act of intimidation.”

Although Tajikistan has ratified multiple international treaties on human rights, defamation and the “insult” of government officials still remain criminal offenses. Freedom House ranks Tajikistan’s media environment as “not free.”

Observers say the two recent criminal cases expose a double standard. After extensive diplomatic pressure, Usmonov received a rare reduction in charges. Some experts say Usmonov’s association with the BBC was critical in generating international pressure on the government over the case. Independent journalists like Ismoilov, observers add, are far less likely to receive diplomatic assistance, which is effective with Tajikistan’s image-conscious authorities.

“Usmonov has been fortunate in that he can command global attention to his case due to his affiliation with a powerful international network; Ismoilov, obviously, cannot do the same,” wrote blogger “Alpharabius” on neweurasia.net on October 1. “Ismoilov is a soft target, and I suspect the steep sentence he’s facing is intended as either a test of international interest in local reporting and/or as a message to other ‘obscure’ journalists in Tajikistan.”

Editor’s note:
Konstantin Parshin is a freelance writer based in Tajikistan

Konstantin Parshin, EurasiaNet.org

Источник: http://www.eurasianet.org/node/64261

ALMATY — Jailed Kazakh journalist Ramazan Esergepov says he will start human rights defense activities after his scheduled release in three months, RFE/RL’s Kazakh Service reports.

Esergepov returned to a penitentiary in the southern Kazakh city of Taraz on September 26 as his one-week release to see his ailing mother in Almaty ended.

Esergepov told RFE/RL before departing for Taraz that since he has been officially banned by the court from working as a journalist he will be involved in human rights activities after his release in January.

He added that he does not plan to ask for clemency as he does not consider himself guilty of any crime.

Esergepov, the founder and chief editor of the Almaty-based newspaper «Alma-Ata Info,» was sentenced in August 2009 to three years in prison for publishing state secrets in an article published in his newspaper in 2008.

Esergepov and rights organizations protested the verdict, saying the case was politically motivated. «Alma-Ata Info» was closed down after his arrest.

Esergepov was given one week, from September 19-26, to see his mother, who suffered a stroke earlier this month.

He told RFE/RL that he plans to defend human rights in general — especially in the Kazakh penitentiary system — and will fight corruption after his release.

«You do not have any idea what is happening in the jails and detention centers. Corruption has penetrated all spheres of everyday life in Kazakhstan and we have to do something about it,» he said.

Esergepov added that he will also do everything to prove his innocence in order to clear his name.

Esergepov is one of the recipients, announced in June, of a Hellman-Hammett Grant for 2011. The grant is administered by Human Rights Watch and awarded to writers and journalists who have been subject to political persecution and are in financial need.

Esergepov is the third Kazakh to receive a Hellman-Hammett Grant.

http://www.rferl.org/content/kazakhstan_journalist_esergepov/24341383.html

In September 2011, the NANSMIT Monitoring Service received 26 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 six 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

7 September
All media, Dushanbe

Enmity, strife and lack of understanding of the mission among journalists have a negative impact on professional solidarity in the media environment. This is the main message voiced during an online conference “Solidarity among journalists: a myth or reality?” held on Facebook.

The Tajik private weekly Farazh published an article based on the outcomes of the online conference (#36, 07.09.2011).

According to the freelance journalist Dariush Rajabiyon, solidarity is needed for protection of reputation and personal security of any media professional. Journalists can stick to any political and social opinions, but they have to get together to oppose any insult from the authorities and perform the role of the driving power in the society.

14 September
Doris Hertrampf, ambassador of Germany to Tajikistan

The Tajik weekly Millat (#37, 14.09.2011) quoted the German ambassador in Dushanbe as saying that the situation in the area of freedom of speech in Tajikistan could have been better. The diplomat appreciates the existence of independent media and professional media organizations who range themselves on the side of law and order and are capable of protecting their rights.

2. Journalists protecting their professional and civil rights

1 September
Juma Tolib, editor, Paykon weekly, Dushanbe

Juma Tolib is trying to resume publication of his newspaper Paykon (the Nigokh weekly, #24, 30.08.2011). According to the editor, the Bureau on Linguistic Expertise and Journalistic Investigations, which is the founder of the Paykon weekly, was closed because of a falsified document produced by the tax authorities. Allegedly, the document said that the newspaper was not properly registered.

“How could we function for so many years without the registration? Who would believe in that?”, — asks Juma Tolib.

In May 2010, the Firdausi district court in Dushanbe ruled to close the Linguistic Expertise and Journalistic Investigations Bureau.

7 September
All media, Dushanbe

On 7 September 2011, the Paris-based organization Reporters Without Borders (RSF) and the Tajik National Association of Independent Media (NANSMIT) released a joint statement addressed to the President of Tajikistan Emomali Rakhmon. The organizations solicit support of the Tajik leader in organizing a fair investigation on the case of the journalist Makhmadyusuf Ismoilov. “There is a need to respect the presumption of innocence and conduct an impartial investigation”, — the statement says.

8 September
All media, Dushanbe

On 8 September 2011, the Tajik media organizations applied to the Tajik President Emomali Rakhmon and the national parliament asking to ensure protection of the freedom of speech and stop the pressure against the media.
The appeal was adopted at a round table session on the occasion of the International Journalists’ Solidarity Day.

Participants of the round table also voiced the necessity of creating a Support Fund for journalists whose rights are violated.

8 September
All media, Khujand, Sughd province

On 8 September, the Tajik National Association of Independent Media (NANSMIT) conducted a session at the round table on the occasion of the International Journalists’ Solidarity Day. Participants of the session adopted an appeal to the President of Tajikistan Emomali Rakhmon expressing concern about the persecution of the freelance journalist Makhmadyusuf Ismoilov.

16 September
All media, Rasht district

On 16 September, the Tajik Media Council held a round table to discuss standards of professional media ethics in Gharm, Rasht valley. The event was conducted under support of the OSCE Bureau in Dushanbe. Journalists from Jirgital, Tajikabad and rasht districts took part in the event.

Participants of the round table discussed the issues of self-regulation in the media by means of standards adopted by the community of journalists. They stressed the necessity of promoting these norms, which in turn, would be conducive to enhancement of quality of media products and would ensure security of journalistic activities.

16 September
All media, Rasht district

On 16 September, journalists from the Rasht valley of Tajikistan discussed issues to be raised at the forthcoming XI Congress of the Tajik Union of journalists.

Participants mentioned the necessity of creating a resource center for media professionals in Rasht valley. Journalists in this region suffer from the information isolation and have no opportunities to cooperate with the media in the capital.

They also developed recommendations on finding and teaching young talented journalists in the region.

21 September
Juma Tolib, editor of Paykon weekly, Dushanbe

On 21 NANSMIT, the Tajik Union of Journalists and the Tajik Media Alliance applied to the media community with a request to support the well-known journalist Juma Tolib who needs serious medical treatment.

Since 1984, Juma Tolib, the member of the Tajik Union of Journalists has been working in the media environment. He was the editor and founder of several printing periodicals – both government and private ones.

In 2005, he was persecuted for his publications criticizing the authorities. In July 2005, he was sentenced to two years in prison. After the release, he founded a private newspaper Paykon.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Assault against a journalist

1 September
Khurshedi Atovullo, editor, Farazh weekly, Dushanbe

On 31 August, unknown assailants attacked the editor of the Farazh weekly Khurshedi Atovullo. The journalist told the police that he was riding his car with two friends. The car was chased by a vehicle VAZ-06 with the plate number У 21 37 РТ. Another vehicle blocked them on the road. Three young persons jumped out of the car, which followed Atovullo’s one; and four other individuals joined the attackers.

The young people started beating the journalist and his friends. According to Atovullo, the assailants presented no accusations; neither did they demand anything.

The journalist was hospitalized with numerous traumas.

1 September
Khurshedi Atovullo, editor, Farazh weekly, Dushanbe

On 1 September, the Tajik Union of Journalists, NANSMIT and the Tajik Human Rights Bureau issued a statement condemning the attack against the editor of the Farazh weekly Khurshedi Atovullo.

The Tajik media organizations mentioned that the recent case is the second of that kind – in February 2011, unknown assailants attacked the editor of the Najot weekly Khikmatullo Saifullozoda.
UJT, NANSMIT and BHR demand from the Tajik law enforcement agencies thorough and fair investigations on both cases.

7 September
Khurshedi Atovullo, editor, Farazh weekly, Dushanbe

The editor of the Farazh weekly Khurshedi Atovullo told the media that he has forgiven the assailants who attacked him on 30 August 2011. The journalist says that the attack is not likely to be related to his professional activities.

“These guys are facing only conditional punishment if they are tried on hooliganism charges. Otherwise, the court can impose a huge financial penalty, which would be a big burden on their parents. They are young, and have a chance to take over a new leaf having no criminal records. This is why I have taken my complaint back”, — said Atovullo.

2. Violation of the principle of publicity in judicial proceedings

15 September
Makhmadyusuf Ismoilov, correspondent of Nuri Zindagi, Khujand, Sughd province

On 15 September, representatives of the media were prohibited from attending court hearings on the case of Makhmadyusuf Ismoilov, correspondent of the Nuri Zindagi weekly.
Representatives of OSCE and NANSMIT who thoroughly monitor the case were also banned from attending the court sessions.
Ismoilov has been in custody since November 2010. He is indicted for libel, insult, incitement of racial, ethnic and religious enmity, and extortion.

2. Threat (Article 120 of the Tajik Criminal Code)

1 September
Shukhrat Kudratov, Abdurakhmon Sharipov – lawyers of the Asia Plus weekly, Dushanbe

The Tajik prosecutor general’s office has forwarded a complaint filed by the lawyers of the Asia Plus weekly to the Ministry of Interior.

The two lawyers – Shukhrat Kudratov and Abdurakhmon Sharipov expressed bewilderment over the action of the prosecutor’s office – the paper is passed to the government body, which the subject of the complaint has a direct affiliation to.

The lawyers stated that they had not had any notification on the intention to forward the complaint to the Interior Ministry, and they are going to demand a written justification of the prosecutor general’s actions.

The office of prosecutor general has given an answer saying that the complaint is forwarded to the Interior Ministry to conduct an internal investigation and provide the prosecutor’s office with a feedback on the results.

The Asia Plus lawyers filed a complaint to the prosecutor general’s office against an officer from the Interior Ministry’s organized crime unit. The officer verbally attacked the lawyers in the premises of the Firdausi district court in Dushanbe. According to the lawyers, the officer threatened them.

3. Ungrounded limitation of access to information

1 September
Valentina Kasymbekova, freelance journalist

On 30 August 2011, the Religious Affairs Committee under the government denied a request on information made by Valentina Kasymbekova, a freelance journalist.
The journalist tried to receive comments from public officials about the implementation of the recently adopted law on parental responsibility. This controversial law contains serious restrictions for teenagers banning them from attending religious institutions.

The Committee officials told Kasymbekova that a conversation is possible only after a permission obtained from the chairman, for which the journalist should submit a request in advance.

22 September
All media, Dushanbe

The President of Tajikistan Emomali Rakhmon has changed the Decree adopted in March 2005 obliging ministers and heads of government agencies to conduct quarterly press conferences. From now on, press briefings will be held twice a year.

According to Makhmudjon Sarayev, senior specialist from the Information Analytical Unit under the President’s administration, the press conferences have turned into “simple reporting”, and they are organized for the sake of formality.

Chairman of the Tajik national Association of Independent Mass media Nuriddin Karshiboev says that the amendments will create additional difficulties for media professionals looking for information.

III. CONFLICTS, VIOLATIONS, INCRIMINATIONS

1. Protection of honor, dignity and business reputation

21 September
Asia Plus weekly, Dushanbe

The court hearing on the lawsuit filed by general Anvar Tagoimurodov against the Asia Plus weekly scheduled for 21 September has been postponed because of the absence of the complainant. The Asia Plus lawyer Shukhrat Kudratov told the media that this is the second time when the complainant does not show up in court.

The next hearing is scheduled for 23 September.

In early 2011, the former chief of the organized crime control unit under the tajik Interior Ministry Anvar Tagoimurodov demanded an investigation into a publication in the Asia Plus depicting cases of torture in closed institutions of Sughd province involving law enforcement officers.

In his statement, Tagoimurodov says that the allegations in the article are far from reality, and the publication defames his honor, dignity and business reputation.

The general demanded 1 million Somoni in damages over the comments in the article.

27 September
The Farazh weekly, Dushanbe

The Rudaki district court in Dushanbe investigates the claim by Fazliddin Azizov against the Farazh weekly and its correspondent Zevar Sharipova who wrote an article titled «It’s a shame… A Mercedes costs 22 grand” (#33, 17 August).

Azizov says that the author insulted him in the article, and his business reputation is damaged.
Khurshedi Atovullo, editor of Farazh told the NANSMIT monitoring service that the claimant demands 500 thousand Somoni (about #103 thousand) in damages over the article.

2. Correspondent charged for relations with extremist organization

19 September
Urunboi Usmonov, correspondent of BBC, Khujand, Sughd province

On 19 September, the Sughd province court resumed hearings on the case of Urunboi Usmanov, correspondent of the Uzbek service of BBC.
On 21 September, the Sughd province prosecutor required the court to sentence Usmonov to five years in prison for his illicit activities and relations with the extremist organization Hisb-ut-Tahrir. However, the prosecutor required to apply the amnesty law to the journalist and release him from punishment.

At the same time, the prosecutor asked the court to acknowledge the guilt of Usmonov according to Articles 36, Part 5 (partners in crime) and Article 307 (organization of activities of a criminal group) of Tajikistan’s Criminal Code.

3. Accusation of libel and insult

20 September
Makhmadyusuf Ismoilov, Nuri Zindagi, Khujand, Sughd province

The court hearings on the case of Makhmadyusuf Ismoilov is postponed until indefinite time.

Ismoilov’s lawyer Mukhabbat Juraeva told the media that the chairing judge Saodat Atoeva decided to postpone the hearings because of the absence of Sadriddin Saidov, the second lawyer protecting the journalist in court.

Makhmadyusuf Ismoilov was arrested by the law enforcement officers on 23 November 2010; ever since he has been held in custody. The journalist is accused of libel, insult, incitement of national, ethnic and religious hatred and extortion.

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

30/09/2011

English: http://en.rsf.org/tajikistan-prosecutor-requests-14-years-for-30-09-2011,41084.html
Français: http://fr.rsf.org/tadjikistan-14-ans-de-prison-requis-contre-30-09-2011,41082.html

TAJIKISTAN: Prosecutor requests 14 years for reporter who criticized local officials

Reporters Without Borders is outraged by the case that the state prosecutor in Asht, in the northern province of Sugd, presented in court yesterday against the journalist Makhmadyusuf Ismoilov and by the 16-year jail term he requested (which would be reduced to 14 years under a recent amnesty law).
The local correspondent of the newspapers Nuri Zindagi and Istiklol, Ismoilov has been held since 23 November 2010.
“Everything about this prosecution smacks of political revenge rather than normal judicial proceedings,” Reporters Without Borders said. “The sentence requested is out of all proportion to the charges against Ismoilov. Such a harsh sentence would be a turning point in Tajikistan’s recent history and would deal a terrible blow to its already fragile freedom of expression.
“Although this journalist has been in provisional detention for more than 10 months, the investigators have still been unable to produce any convincing evidence for the charges against him. We reiterate our call for his immediate release and the withdrawal of all the charges.”
Ismoilov is charged with defamation (under article 135 of the criminal code), insult (article 136), inciting hatred (article 189.2) and embezzlement (article 250). The first three charges were confirmed at a hearing two weeks ago on the basis of an “expert linguistic analysis” of newspaper stories by Ismoilov in which he criticized the prosecutor, the Asht district deputy chief, and other local officials and representatives.
The media were barred from the hearing at which the court received the “expert analysis” (conducted by a government offshoot) of Ismoilov’s articles, which in fact were well within the bounds of responsible free expression.
The embezzlement charge is based on a statement by a relative of Ismoilov that was later retracted. The relative, who works for the local government, allegedly gave Ismoilov some old planks that the local administration was no longer using. According to Nuriddin Karshiboyev, the head of the National Association of Independent Media of Tajikistan (NANSMIT), several witnesses confirm the donation of the planks, which were worth less than 50 dollars.
Ismoilov is being held in solitary confinement and his health is deteriorating. The prosecutor yesterday nonetheless requested that he should be subjected to a “severe regime” while serving his jail sentence.
Reporters Without Borders and NANSMIT addressed an open letter about the Ismoilov case to President Emomali Rakhmon on 7 September, urging him to guarantee due process and respect for the presumption of innocence. In particular, they requested Ismoilov’s conditional release, an additional investigation and the trial’s transfer to a different location. No reply has so far been received.
Reporters Without Borders points out that the Organization for Security and Cooperation in Europe, to which Tajikistan belongs, promotes strict principles for judicial proceedings against the media: that proceedings should be civil (not criminal), sentences should be proportional to the offence and should not affect the journalists’ ability to work normally, and public figures must tolerate criticism.
The court is expected to issue its verdict at the next hearing, due to be held on 3 October.

http://en.rsf.org/tajikistan-prosecutor-requests-14-years-for-30-09-2011,41084.html

Prosecuting journalists for reporting on sensitive topics is shooting the messenger.

The trial of a BBC reporter accused of links to a banned Islamic group reflects a widely-held official attitude that the media should serve the interests of the state, and the state should define what those are.

The case of Urunboy Usmonov raises serious concerns about the vulnerability of journalists who report on issues that the authorities regard as off-limits unless coverage adheres to their unwritten rules of what is permissible, especially with regard to sensitive topics like Islamic extremism.
Usmonov, 59, is a correspondent for the BBC Central Asian Service in the northern Soghd region of Tajikistan. Arrested in June, he was originally charged with membership of the Islamic group Hizb ut-Tahrir and with making subversive statements.

Investigators were unable to make these charges stick, and when he went to trial in mid-August it was for “failure to report a crime” – in other words, for not passing on confidential contacts with Hizb ut-Tahrir to the police. But he is still being tried jointly with four alleged members of the group, despite the altered charges.

Usmonov denies the allegations, and the BBC has said it regards the charges as entirely unfounded. He told the court that his meetings and interviews with Hizb ut-Tahrir members conducted purely in his capacity as a journalist.

The case highlights a prevailing attitude among the law-enforcement agencies – some kinds of reporting are acceptable, but others are not, and it is the police who should be the final arbiters on such matters. In particular, the charges against Usmonov sends a clear signal that when the authorities ban a group like Hizb ut-Tahrir, reporting on it is banned as well, and anyone doing so risks being accused of endorsing the organisation.

That is a long way from the concept of media serving the public interest, unless it is the police themselves who define what that is.

Attempting to muzzle the media does not contribute to curbing extremism and violence. It is not, after all, media coverage of the activities of Islamic groups that spreads their ideology and encourages people to join them.
Many would agree with Abdufattoh Vohidov of the Independent Association of Media, who argues that if Usmonov is persecuted just for doing his job, other journalists will be deterred from reporting on sensitive issues and will lapse into self-censorship.

The international attention surrounding Usmonov’s trial may have contributed to the more serious initial charges against him being shelved, although prosecutors insist this was based on an assessment of the evidence to hand.
The case has certainly placed a dilemma before the Tajik authorities, particularly the Soghd regional branch of the State Committee for National Security. Despite the weight of international condemnation, it is hard for them to back down. They did reduce the charges, but an admission that he is innocent would prompt some hard questions about why the prosecution was brought in the first place.

Usmonov’s trial has been adjourned until his lawyer, who is currently abroad, can attend the proceedings. A verdict is expected at the beginning of October.

Lola Olimova is IWPR editor in Tajikistan.
The views expressed in this article are not necessarily the views of IWPR.

Lola Olimova, IWPR

Источник: iwpr