Freedom of Speech in Tajikistan
June 2011
In June 2011 the NANSMIT Monitoring Service received 35 reports. Fourteen of them describe the factual situation in the media in the light of socio-legal and political environment; sixteen 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
7 June
Emomali Rakhmon, President of the Republic of Tajikistan
Speaking at the European Parliament Session Cooperation with the countries of Central Asia in Strasburg on 6 June 2011, the President of Tajikistan Emomali Rakhmon mentioned the number of periodicals published in his country: 400 newspapers and magazines, including 250 private ones; there are 44 radio and TV broadcasting networks, including 28 non-state ones.
The President added that the government assists in establishing closer relations between the executive authorities and the mass media with the purpose of ensuring information transparency and guaranteed access to publicly important information.
3 June
Jumaboi Rakhmatov, deputy chairman of Sughd province, Khujand
On 3 June, the first deputy chairman of Sughd province Jumaboi Rakhmatov told the media that his administration intends to allocate annually more than 1 million Somoni (about $210 thousand) to enhance the quality and expand the coverage of TV and radio broadcasting. This year, the authorities have allocated 250 thousand Somoni ($52 thousand).
The authorities also build the Print Palace, new premises for media professionals in Sughd province.
3 June
Jumaboi Rakhmatov, deputy chairman of Sughd province, Khujand
“The role of the mass media is to create a bridge between the society and the state – jointly with local administrations. Along with that, the media – regardless of their form of property – should explain objective reasons for existing problems in the country in order to avoid incorrect interpretations”, — said Jumaboi Rakhmatov, the first deputy chairman of Sughd province.
20 June
Mahmadsaid Ubaidullaev, mayor of Dushanbe
The mayor of Dushanbe Mahmadsaid Ubaidullaev expressed gratitude to the media for support rendered to the municipal unit for control over urban traffic. The mayor added that the media also should be involved in developing municipal programs, drafting reports and inspections.
2. Factual situation in the media
1 June
TV Stan Media, Dushanbe
The partner of the regional K+ TV channel in Tajikistan, Stan Media has terminated its activities in the country. Akram Abdukahorov, head of the Stan Media office in Dushanbe told the Avesta news agency that the reason for the temporary closure is financial difficulties. “We terminate our activities until we find sources of financing. We can earn something from advertisement or get funds from other sources”, — he added.
The central office of K+ is located in Bishkek, Kyrgyz Republic; Stan Media has been working within the Tajik information space since 2009. The total number of staff in Dushanbe and Khujand is 16.
Experts say that the termination of the Stan Media in Tajikistan is a significant loss, which will have a negative impact on the objective coverage of developments in the country.
2 June
Carol Fuller, charge d’affaires, Permanent Council, OSCE, Vienna
“The US is also concerned over reports about the Internet censorship in Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan, which imposes restrictions on online activities among the political opposition and certain religious groups”, said Carol Fuller, the US charge d’affaires at the Permanent Council of OSCE in Vienna.
9 June
Tomas Melia, assistant to US Secretary of State, Vilnius
“The three countries within the OSCE region – Russia, Tajikistan and Turkey – are in the list of 20 countries, where the Committee to Protect Journalists found non-investigated crimes against journalists”, — said Tomas Melia, assistant to US Secretary of State, director of the Bureau on Democracy, Human Rights and Employment speaking at the conference on safety of journalists in the OSCE region.
3. Amendments to the legislation and new draft laws having negative impact on the media environment
23 June
Аrticle 19, London, UK
The London-based human rights organization Аrticle 19 has published comments to the new Tajik draft law “On mass media” in terms of compliance with international standards of the freedom of speech. The draft law was developed to replace the existing Law “On printing and other mass media” adopted in 1990.
Аrticle 19 indicates positive provisions in the draft law, including the statement of freedom of the media, prohibition of censorship and persecution for criticism, protection of rights of media professionals, and the necessity of being in compliance with international treaties ratified by Tajikistan.
One of the points of concern mentioned in the comments by Аrticle 19 is the necessity of registering the media. “Article 7 of the draft law obliges all companies and individual entrepreneurs working in the media environment to register in relevant bodies of the state power. Registration must be obligatory only for printing media”, — says the report.
15 June
Reporters Without Borders, Paris, France
The international organization Reporters Without Borders officially approached the leaders of the CIS countries – Russia, Ukraine, Belarus, Moldova, Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan and Tajikistan – expressing concern over the basic law regulating the Internet. The basic law was adopted by the CIS Inter-Parliamentary Assembly on 16 May 2011. The law contains several provisions repressive for the media. Although these provisions are not mandatory, the intentions of the authorities to establish limitations in each country are quite obvious.
The implementation of certain articles of this basic law contradicts the principles of free expression in the Internet and provides the state with opportunities to control the information space where people exchange their opinions and share information.
4. Journalists protecting their civil and professional rights
9 June
Mahmadyusuf Ismoilov, correspondent, Nuri Zindagi, Taboshar, Sughd province
On 9 June 2011, heads and representatives of 16 electronic and printing national and international media organizations visited the city of Taboshar in Sughd province to attend court hearings on the case of Mahmadyusuf Ismoilov, correspondent of the newspaper Nuri Zindagi.
Zinatullo Ismoilov, chairman of the Tajik National Media Council met with the chair of the city court Ms. Saodat Atoeva. The media activist stated that all media professionals and human rights organizations closely monitor Ismoilov’s criminal case and intend to defend the journalist within the law.
The process is being monitored by local and foreign observers including OSCE, the US embassy in Dushanbe, the Tajik Human Rights Bureau and the National Association of Independent Mass Media.
10 June
Mahmadyusuf Ismoilov, correspondent, Nuri Zindagi, Taboshar, Sughd province
The monitoring of the case of Mahmadyusuf Ismoilov, correspondent of the newspaper Nuri Zindagi has shown that the journalist is persecuted for his publications containing criticism of local administration and certain officials. NANSMIT and its partner organizations defray the costs on legal assistance to Ismoilov. However, the journalist has been in custody for seven months and his family is left without the breadwinner. Ismoilov’s health also causes concern.
For the time being, Ismoilov’s case is terminated until the results of linguistic expertise. NANSMIT applied to all colleagues of the journalist and interested parties to help Ismoilov.
18 June
Ilhom Jamoliyon, head of the Sughd province affiliate of the Tajik Union of Journalists, Khujand
On 18 June, Ilhom Jamoliyon, chairman of the Sughd province branch of the Tajik Union of Journalists met with Urunboi Usmonov, correspondent of BBC in Sughd province and with the investigator from the National Security Committee in charge of the journalist’s case.
The official told Jamoliyon that in the course of investigation, arrested members of the illicit islamist organization Hisb-ut-Tahrir confessed that they maintained contacts with the journalist; Usmonov periodically received printing materials from members of the clandestine community.
According to Jamoliyon, Usmonov confirmed that he waived a counsel in written form.
20 June
NANSMIT, Dushanbe
The National Association of Independent Mass Media (NANSMIT) collected the amount of 2,757 Somoni to support the family of jailed journalist Mahmadyusuf Ismoilov.
The pledge drive was supported by employees of Radio Ozodui, the Tajik Union of Journalists, the Media Alliance of Tajikistan, several Tajik NGOs, media and individuals.
II. VIOLATION OF PROFESSIONAL RIGHTS
1. Detention and arrest of a journalist
14 June
Urunboi Usmanov, correspondent of the BBC Uzbek service
On 13 June, servicemen of the National Security Committee arrested Urunboi Usmonov, correspondent of the Uzbek service of BBC. Usmonov has worked for BBC for ten years. His relatives reported tha on 13 June he did not return home, and on the next day appeared in his house accompanied by law enforcement officers. His relatives state that Usmonov apparently was beaten.
Usmonov is suspected of participation in the illicit islamist organization Hisb-ut-Tahrir.
In this regard, the UK embassy in Dushanbe issued a statement saying that the journalist has suffered from cruel treatment by the National Security Committee. The embassy asked the authorities to resolve the situation as soon as possible.
15 June
Makhmadullo Asadulloev, press secretary, Interior Ministry, Dushanbe
Press secretary of the Tajik Interior Ministry Makhmadullo Asadulloev told Radio Ozodi that in the course of investigation it was established that Urunboi Usmonov has been a member of Hisb-ut-Tahrir since 2009. The suspect has been involved in promotional activities of the banned organization and recruitment of new members.
16 June
Ken Gross, US ambassador to Tajikistan, Dushanbe
The US ambassador in Dushanbe Ken Gross called the Tajik authorities to conduct a thorough investigation the case of Urunboi Usmanov, correspondent of the BBC Uzbek service accused of membership in the banned islamist organization Hisb-ut-Tahrir. The ambassador issued a video appeal: http://www.youtube.com/watch?v=-eOl47ngbd8&feature=youtu.be where he asks the authorities to release the correspondent without delay, as soon as his innocence is proven.
16 June
Committee to Protect Journalists, USA
The US-based organization Committee to Protect Journalists (CPJ) condemns the arrest and beating of Urunboi Usmanov, correspondent of the Uzbek service of BBC asking the authorities of Tajikistan to set him free.
17 June
Urunboi Usmanov, correspondent of the BBC Uzbek service
On 17 June 2011, the lawyer of Urunboi Usmanov Faizinisso Vakhidova told the media that she failed to meet her client. She added that Usmonov’s arrest was sanctioned and is considered to be legitimate.
Vakhidova said that she spent the whole day waiting for permission for a meeting with the defendant, but the investigator in charge of Usmonov’s case did not show up to give her permission.
19 June
The State Committee on National Security, Republic of Tajikistan, Dushanbe
The National Security Committee’s public relations department issued a statement saying that on 13 June the Tajik law enforcement bodies arrested Urunboi Usmonov who is accused of membership in the extremist organization Hisb-ut-Tahrir.
Head of the public relations department Nozirjon Buriev confirmed that the investigation gas proven Usmonov’s close affiliation to Hisb-ut-Tahrir.
“It is established that Usmonov has maintained long-term contacts with representatives of the islamist party on the territory of the country and beyond its boundaries; he actively participated in preparation and dissemination of printing materials promoting Hisb-ut-Tahrir’s ideas calling to changing the constitutional order in Tajikistan”, — said Buriev.
18 June
Coalition of NGOs, Dushanbe
The Tajik Coalition of Non-governmental Organizations in charge of the Alternative Report on Convention Against Tortures expressed concern over the arrest of Urunboi Usmanov, correspondent of the Uzbek service of BBC in Tajikistan.
Members of the Coalition applied to the Tajik authorities requesting to conduct a thorough and impartial investigation of the case.
20 June
Embassies of member-countries of the European Union
Embassies of the countries belonging to the European Union express deep concern over the arrest of Urunboi Usmonov and the facts of cruel treatment. Diplomats also express concern over the violation of the detainee’s rights, i.e. access to lawyer.
21 June
Faizinisso Vakhidova, lawyer, Khujand
Faizinisso Vakhidova, the lawyer of the arrested correspondent of BBC Urunboi Usmanov met with her defendant only one week after her client’s detention by the law enforcement agency.
The lawyer considers that the reluctance of investigators to provide her with access to her client can be explained only by an attempt to “bide the time and wait until the wounds are healed”. According to Usmonov’s son, Oibek, he saw that his father had traces of beating when he was brought to his house accompanied by the national security servicemen on 14 June.
21 June
Faizinisso Vakhidova, lawyer, Khujand
On 20 June, the lawyer Faizinisso Vakhidova met with her client, the arrested correspondent of BBC Urunboi Usmanov.
According to Vakhidova, Usmonov is accused of calling to overthrow of the constitutional order (Article 307 of Tajikistan’s Criminal Code). Besides that, the journalist is suspected to be a member of the extremist organization His-ut-Tahrir.
Usmonov’s lawyer told the media that, according to the national legislation, the investigation must find out to what extent the journalist is affiliated to His-ut-Tahrir. If the evidence is sufficient, the case would go to court; if not, the investigation must be closed.
2. Violation of legal procedures
14 June
Asia Plus weekly, Dushanbe
On 14 June, the appellate court in Dushanbe dismissed the appeal of a representative of the Asia Plus weekly regarding the verdict of the Firdavsi district court. The court in question stopped the countering statement made by Marat Mamadshoev, the acting chief editor of Asia Plus against the government official Anvar Tagoimurodov. The countering statement touched upon the issue of protection of honor and business reputation.
The court officials say that the countering statement was dismissed because of some formalities (the legal address of Asia Plus was not indicated). Besides that, written explanations by Marat Mamadshoev and the correspondent Ramziya Mirzobekova were not presented to the court.
Legal representative of Asia Plus Shuhrat Kudratov says that the appellate court’s decision is unfair – since the countering statement did contain the legal address of the newspaper, and all relevant explanations by Mamadshoev and Mirzobekova are attached to the case materials, which are located in the prosecutor general’s office; and the Firdavsi district court could have requested these documents.
Background information:
Anvar Tagoimurodov, the former commander of the interior ministry’s unit to counter organized crime (at present, deputy minister of interior) demanded compensation from Asia Plus through the court in the amount of 1 million Somoni for defamation and damaging business reputation. The subject matter in the case is an article in Asia Plus titled “Investigation or inquisition?” published in December 2010. The article told about cases of torture of persons under investigation by law enforcement officers in Sughd province.
3. Ungrounded limitation of access to information
15 June
Asliddin Dostiev, Ozodagon weekly, Kulyab, Khatlon province
Journalists wanting to learn the exact number of football fans in a hospital after the clash that occurred at a football match between the teams Ravshan and Istiklol, were met by the police. The journalists were told that the police received an order not to share information about the number of victims in the incident.
According to unofficial data, about 20 fans were brought to the police station in Kulyab; some were delivered to the hospital.
4. Violation of property rights
13 June
Mass media in Khatlon province
The tax police in Kurgan-Tube demanded to pay fines for untimely reregistering in the amount of 7 thousand Somoni from editors of two newspapers in Khatlon province. In this regard, the editors approached the Legal Support Center in Kurgan-Tube.
The problem arose in April; the first newspaper that was fined for untimely registration was the Sharaf weekly published in Kabadiyon district. Editors of local newspapers complain that tax inspectors did not instruct them timely about the necessity of reregistering.
III. CONFLICTS, VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS
1. Violation of secrecy of investigation
21 June
Faiziniso Vakhidova, lawyer, Khujand
Faiziniso Vakhidova, the lawyer of Urunboi Usmonov, the BBC correspondent in Sughd province told Radio Liberty that she is going to initiate a criminal case against the journalists Ilhom Jamoliyon and Lenura Mustafaeva.
“These two journalists disclosed the secrets of investigation exposing my client to risk. I am going to apply to prosecutor general’s office”, — said Vakhidova.
2. Accusations of libel and insult
4 June
Mahmadyusuf Ismailov, correspondent, Nuri Zindagi, Asht, Sughd province
According to Radio Ozodi, the Asht district court continues the hearings on the case of Mahmadyusuf Ismoilov, the correspondent of the Nuri Zindagi weekly. According to the NANSMIT monitoring service, a number of witnesses have changed their testimony.
Ismoilov was arrested six months ago; since then, he has been kept in custody. The journalist is accused of several crimes, namely, of libel, insult, instigation of racial and religious hatred and blackmailing. The chief editor of Nuri Zindagi considers that the real reason for Ismoilov’s arrest is his professional activities and publications where he disclosed facts of corruption and mismanagement among local government officials.
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