Mass media can be punished for criticism of sentencing: “Currently, discussion and criticism of sentencing by media can be regarded as obstruction of justice.” The Prosecutor-General’s Office says that sentencing of leader of the Khujand-based KVN team, Khairullo Mirsaidov, has no relation to his journalism activity and is not politically motivated.
A statement released by Tajik chief prosecutor’s office yesterday, in particular, notes that many reports about criminal proceedings instituted against Mirsaidov and harshness of the verdict for him have been published in media in recent days and some of those reports said that the case was politically motivated.
But the materials of Mirsaidov’s case do not contain any information about his journalism or political activity, the statement says, noting that Mirsaidov was jailed for forgery of documents, embezzlement of state funds and dissemination of false information.
The statement notes that during the period from 2014 to 2017, Khairullo Mirsaidov, as leader of the KVN team, received from the Sughd regional budget 976,285 somoni for participation of the team in KVN games in the Russia cities of Moscow and Sochi as well as in the Kyrgyz capital, Bishkek. Mirsaidov reportedly embezzled 123,913 somoni through forging documents.
“When this fact was revealed, the head of the Sughd department for youth and sports’ affairs, Olim Zohidzoda, demanded that Mirsaidov submit a full report on expenditure of budgetary funds. For the purpose of avoiding criminal liability, Mirsaidov on November 8, 2017 applied to the Sughd governor through the Akhbor.com website, noting that Zohidzoda allegedly demanded a US$1,000 bribe from him,” says the statement.
The Prosecutor-General’s Office notes that Mirsaidov’s guilt was fully proved during the trial that was held with participation of four defense lawyers of Mirsaidov.
The statement notes that the verdict has not yet taken effect and Mirsaidov and his defense lawyers can appeal against it in accordance with the country’s legislation.
“Currently, discussion and criticism of sentencing by media go beyond journalist ethics and can be regarded as obstruction of justice,” the Prosecutor-General’s Office press center stresses.
Recall, the Khujand city court sentenced the stand-up comedian and journalist Khairullo Mirsaidov to 12 years in prison on July 11. The sentence followed his conviction on charges of misappropriate of state funds, document forgery and false denunciation. The court also imposed a 123,913 somoni fine. Mirsaidov admitted to some of the charges, but maintains that his arrest and trial are retribution for an article he wrote on corruption among local authorities in November 2017.
Mirsaidov’s lawyers called the sentence “too harsh” and said they will appeal it. According to them, the court failed to produce proofs to support charges brought against their client.
The Embassies of the United Kingdom, Germany, France, the United States in Dushanbe and the EU Delegation to Tajikistan have expressed their common grave concern over the trial of the independent journalist Khairullo Mirsaidov. In a statement released on July 11, they note, “We understand Mr. Mirsaidov has been sentenced to 12 years in prison. We believe this sentence is extremely harsh, incomparable with the crime he was accused of.” They say the sentence will have a negative impact on the freedom of media and expression in Tajikistan, and they “strongly urge the relevant authorities in the Republic of Tajikistan to re-consider the verdict.”
The OSCE Representative on Freedom of the Media, Harlem Désir, on July 11 expressed his concern about an excessive sentence of 12 years in a penal colony handed down to Khairullo Mirsaidov by the Khujand city court. “I am alarmed by the stringent and disproportionate sentence handed down to the journalist, especially given the sum of 124,000 somoni (approx. 11,521 EUR) he is accused of embezzling,” the Representative stated. He called on the Tajik authorities to immediately release Khairullo Mirsaidov and to ensure that journalists in Tajikistan are free to report on all matters of public interest without fear of reprisal.
