DUSHANBE, September 7, 2011, Asia-Plus — Reporters Without Borders (RWB) and the National Association of Independent Mass Media in Tajikistan(Nansmit) wrote to Tajik President Emomali Rahmon on September 7 asking him ensure that detained journalist Mahmadyusuf Ismoilov gets a fair trial and an immediate conditional release pending the outcome of the trial. Ismoilov has been held in custody since November 23, 2010.
In the letter, RWB and Nasmit, in particular, note that they would like to share with him their relief at BBC correspondent Urunboy Usmonov’s recent provisional release and they would like to thank him if it was because of his intervention. “We are following his trial closely,” they said.
They draw president’s attention to the case of Mahmadyusuf Ismoilov, a journalist detained in the northern province of Sughd on November 23, 2010, whose case has similarities with Mr. Usmonov’s case. “As guarantor of your country’s Constitution and the international conventions it has ratified, we urge you to do everything in your power to ensure respect for the presumption of innocence and a fair trial for Mr. Ismoilov.”
“Mr. Ismoilov is charged with inciting religious and racial hatred (article 189 of the criminal code), blackmail (article 250), defamation (article 135) and insult (article 136) for what he wrote in various publications including the newspaper Nouri Zindagi about alleged corruption by local judicial and political officials.
“A Sughd provincial court ordered him detained for the duration of the investigation. But there are continuing doubts about the impartiality of the court and the impartiality of the investigation. The local judicial apparatus is acting as both judge and plaintiff in this case because it was the target of Mr. Ismoilov’s articles.
“We therefore urge you to intercede with the judicial authorities, within the limits of your powers under to constitution, so that an additional investigation can be conducted and so that Mr. Ismoilov’s trial can be transferred to a different location such as Dushanbe and can be heard by a court that is not directly involved.”
RWB and Nansmit note that in order to respect the principle of the presumption of innocence, Mr. Ismoilov must also be granted provisional release without delay. “Pre-trial detention is a serious measure that seems out of all proportion in this case,” says the letter. “He is not in a position to put pressure on witnesses or eliminate evidence. Depriving Mr. Ismoilov of his freedom seems more like an act of personal revenge than an act of impartial justice.”
“As president, you have a duty to ensure that Mr. Ismoilov is treated in a fair and equitable manner and that national and international rules of justice are respected. We trust that you will appreciate the important of our request and will take the appropriate action.”
