DUSHANBE, February 23, 2010, Asia-Plus — The preliminary hearing for a lawsuit filed by three judges against three independent weeklies Asia-Plus, Farazh and Ozodagon began in the court of Dushanbe’s Sino district today. Some 50 people, including journalists and representatives from diplomatic missions, international human rights organizations, gathered today morning near the court building to support the weeklies.
We will recall that three judges from the Supreme Court and a Dushanbe’s court filed lawsuit against lawyer Solehjon Jurayev and the independent weeklies Asia-Plus, Farazh and Ozodagon on January 29.
The judges are asking for a total of 5.5 million somoni (equivalent to more than 1.25 million) in damages after an open statement by lawyer Jurayev published in the weeklies’ editions allegedly insulted their honor and dignity. Moreover, the judges requested that the newspapers be closed pending the outcome of the case.
Many international organizations release statements, expressing concern about this situation. “The Tajik authorities must stop using the judicial system to harass independent news media”, the press freedom organization Reporters Without Borders said in a February 1 statement that referred to actions taken against all five newspapers.
A week later, Miklos Haraszti, the OSCE Representative on Freedom of the Media, described lawsuits initiated by high-ranking officials in countries like Tajikistan as “dangerous attempts at censorship”. “In order to freely exercise their right to report, media outlets should not be held liable for publishing statements made by identified sources,” he said.
The New York-based Committee to Protect Journalists, CPJ, noted that the damages sought against Asia-Plus, Faraj and Ozodagon could bankrupt them. “The fact that the plaintiffs in this case are powerful judges sends a chilling message to the independent press,” said CPJ Europe and Central Asia Programme Coordinator Nina Ognianova.
A group of Tajik media organizations also expressed concern over the increasing number of expensive lawsuits being brought against independent press outlets, warning that this could lead to more and more curbs on media freedom.
Media experts, lawyers and rights activists discussed the problems facing independent media when they gathered for a roundtable on February 5 organized jointly by Institute for War and Peace Reporting (IWPR) and the National Association of Independent Media of Tajikistan (Nansmit) in Dushanbe. The outcome was a decision to set up a group that will provide legal assistance for journalists, particularly those facing defamation cases.
The February 19 item by IWPR, entitled “Protests Mount Over Tajik Newspaper,” notes that libel actions against leading newspapers in Tajikistan have sparked concerns that the authorities are trying to muzzle the press ahead of the February 28 parliamentary election.
The item, in particular, says that in an interview for IWPR, Judge Nurov denied the libel action had any political backdrop, insisting that he and his colleagues were acting as private individuals. “We have brought our complaints, but this does not mean things will be decided in our favor,” said Nurov.
Media activists and analysts insist, however, that the defamation cases form part of a trend. “It’s a very worrying situation, and unless this trend is halted, it could lead to media restrictions and an increase in self-censorship among journalists,” said the Nansmit head Qarshiboyev, adding that journalists were under threat merely for “publishing information in the public interest; for doing their job”.



