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DE RUEHDBU #0229/01 0571149
ZNR UUUUU ZZH
P R 261149Z FEB 10
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC PRIORITY 1308
INFO RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL 0470
RUCNISL/ISLAMIC COLLECTIVE
RUEHDBU/AMEMBASSY DUSHANBE 2817

UNCLAS SECTION 01 OF 02 DUSHANBE 000229 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KISL TI
SUBJECT: NEWSPAPERS STAND FIRM IN COURT, EMBASSY ISSUES STATEMENT 
 
REF: DUSHANBE 156 
 
DUSHANBE 00000229  001.2 OF 002 
 
 
¶1. (SBU) SUMMARY:  In preliminary court hearings in Dushanbe, 
editors in chief of four independent newspapers called libel 
lawsuits filed against them by government officials 
"groundless".  On February 23, representatives of Asia-Plus, 
Farazh, Ozodagon and an attorney, Solijon Juraev, appeared in 
court to respond to a $1.2 million lawsuit filed by three judges 
claiming defamation of their "honor and dignity".  The 
newspapers were sued after publishing Juraev's allegations, 
backed up by a secretly made audio recording, that the judges 
convicted clients on orders of high-ranking officials.  The 
Editor-in-chief of Millat appeared in court on February 25 to 
respond to the Ministry of Agriculture's demand for $230,000 
after Millat published an editorial, citing a government report, 
calling it "The Most Corrupt Ministry in Government".  On 
February 24, the Embassy demarched the government on the 
newspaper cases and released a statement expressing concern 
about the judicial actions against the press.  End Summary. 
 
 
 
ASIA-PLUS, OZADAGON, FARAZH:  LAWYER WARNS HE HAS MORE TAPES 
 
 
 
¶2. (SBU) Emboffs observed an open preliminary hearing in which 
editors-in-chief of Asia Plus, Ozodagon, and Farazh presented 
their response to a libel lawsuit filed by three Tajik judges 
(Reftel).  The courtroom was packed with journalists and 
observers from NGOs, international organizations, and Embassies. 
 The judges reiterated their claims that Juraev and the 
newspapers slandered their "honor and dignity" and refused to 
drop their demands for 5 million somoni ($1.2 million) in 
damages.  The judges sued Juraev and the newspapers after they 
reported on Juraev's presentation of a secret audio recording of 
Judge Nur Nurov admitting he issued lengthy prison sentences to 
31 Isfara residents on orders from the Chair of the Supreme 
Court.  Representatives of the three newspapers called the 
charges "baseless". 
 
 
 
¶3. (SBU) Juraev, also being sued, demanded to know why the 
Prosecutor General's Office has taken no action to investigate 
his allegations against the three judges.  "These are serious 
charges that I made, but here I and the newspapers sit in court 
to defend ourselves, while they are asking for 5 million somoni 
($1.2 million)."  Juraev warned that he had a full five tapes of 
Judge Nurov.  He threatened to release even more damning 
recordings, including Nurov discussing President Rahmon's 
involvement in the "Isfara Affair" (Reftel) unless the charges 
against him and the newspapers are dropped.  "According to Tajik 
law, no one can slander the President.  Yet I have a recording 
of Judge Nurov stating that the President is involved in 
corruption.  If the judges do not drop their case, I will 
release the tape and Judge Nurov will have to answer for his 
statements." 
 
 
 
¶4. (SBU) The judge announced he would set the first official 
court date after March 1.  The Ambassador plans to attend the 
hearing as an observer.  The judges may drop their charges prior 
to that date.  The newspapers have indicated they would like the 
case to go away quietly if the judges agree to drop their suit. 
 
 
 
ANOTHER LAWSUIT AGAINST ASIA-PLUS? 
 
 
 
¶5. (SBU) On February 24, Asia-Plus reported that it is subject 
to another lawsuit, this time for causing emotional distress. 
The newspaper, citing the Interior Ministry, reported that a man 
was sentenced to life in prison for robbing a money exchange 
employee.  The man's mother, herself a former Ministry of 
Interior employee, said that her son was actually sentenced to 
25 years in prison.  She claims she was distressed after reading 
the Asia-Plus article and is suing for 12,000 somoni ($2,700). 
The Interior Ministry denies that it informed Asia-Plus that the 
man was given a life sentence. 
 
 
 
MILLAT:  "A MATTER OF LIFE OR DEATH FOR INDEPENDENT MEDIA" 
 
 
 
¶6. (SBU) On February 25, representatives of independent weekly 
 
DUSHANBE 00000229  002.2 OF 002 
 
 
newspaper Millat appeared at court to meet a representative of 
the Ministry of Agriculture to respond to its $230,000 libel 
lawsuit.  Millat had published an article calling the Ministry 
the "Most Corrupt Ministry in Government", based on a government 
report citing irregularities in the Ministry's financing. 
(NOTE:  Millat editor-in-chief Adolat Umarova told Public 
Affairs staff that much of the Millat article was reprinted 
verbatim from an article published by BBC Persian Service.  She 
does not intend to reveal that her article was reprinted from 
BBC during the court case.  Tajik journalists regularly print 
uncited articles from the international press.  END NOTE.) 
 
 
 
¶7. (SBU) Umarova was not permitted to attend the closed meeting 
between her lawyer, the judge, and a Ministry representative. 
Several dozen observers, including Emboffs, waited outside the 
courtroom.  Umarova said the Ministry indicated that it wanted 
to reach a "mutual reconciliation" with Millat to end the court 
case, but that she was unwilling to come to any agreement with 
the Ministry.  "The current cases are a matter of life or death 
for independent media" in Tajikistan.  Umarova filed a 
counter-suit against the Ministry of Agriculture asking for one 
somoni compensation for damaging Millat's reputation through its 
lawsuit.  The judge set March 11 as the date for the first 
hearing of the Ministry's suit. 
 
 
 
EMBASSY DELIVERS DEMARCHE, ISSUES STATEMENT 
 
 
 
¶8. (SBU) On February 24, Pol Chief delivered a demarche 
expressing concern about the lawsuits to the Head of the MFA 
North America Department, Farhod Salim.  Salim said he would 
pass the demarche to Foreign Minister Zarifi that morning. 
Later that day, the Embassy issued a press release noting that 
"the lawsuits threaten to force these newspapers to cease 
publication, which would be a serious blow to freedom of the 
press in Tajikistan."  The press release was picked up by Tajik 
media websites and reprinted in the government's "Khobar" news 
service.  Local media freedom advocates expressed appreciation 
for the Embassy's statement of support. 
 
 
 
OPPOSITION POLITICIAN TURNS THE TABLES, SUES GOVERNMENT PAPER 
 
 
 
¶9. (SBU) On February 22, Social Democratic Party of Tajikistan 
Chairman Rahmatullo Zoyirov announced he would sue the ruling 
People's Democratic Party of Tajikistan's newspaper, Minbari 
Khalk, for defamation, demanding 500,000 somoni ($113,000) in 
compensation.  Zoyirov, a tough regime critic, said the Minbari 
Khalk had published articles, under pseudonyms, accusing him of 
being a spy for Uzbekistan. 
 
 
 
¶10. (SBU) COMMENT:  Government officials, used to bullying the 
media over the last few years, may not have expected such a 
vocal response to their lawsuits against the press.  The Embassy 
will continue to raise this issue with the Tajik government and 
encourage them to advise their officials to stop using the 
judiciary as a mechanism to harass journalists.  Unfortunately, 
many officials still have the old Soviet view that media 
primarily exists to promote state policies.  On a brighter note, 
the cases seem to have brought the Tajik media community 
together and raised awareness of media freedom issues.  Post 
will continue to report on developments in their court cases. 
END COMMENT 
GROSS