In the battle with the Tajikistan justice system, independent media has its own useful weapons, and a lawyer isn't afraid to use them. Photograph by Flickr user Mathonan (CC-usage).

Editor’s note: The saga of three judges and three newspapers continues in Tajikistan and has taken an interesting turn as the journalists fight back with a new recording revealing the corruption in the Supreme Court.  neweurasia’s Alpharabius reports. Check out his continuing coverage here.

Solehjon Juraev, the lawyer who ignited an astronomic lawsuit against three major independent newspapers in Tajikistan and who is the fourth defendant in the case, has made good on his promise by publishing another sensational recording that exposes the corrupt practices of the Supreme Court.  The transcript could very well tilt the situation in favor of the newspapers.

“Special language”

The recording was of a phone chat between Supreme Court Justice Ulughbek Mahmadshoev and the relative of a defendant whose name has not been disclosed.  In the transcript, Mr. Mahmadshoev repeatedly says that the verdicts on the disputed cases have been made personally by the Supreme Court Chairman Nusratullo Abdulloev over and against the actual results of the trial and in total disregard of evidence.

Mr. Mahmadshoev specifically reveals the existence of a “special language” that Abdulloev uses to indicate his will:

If he says something is necessary to ‘help the people’, that is one thing.  But if he says ‘ten’, ‘eight’, or ‘nine, years, that means the verdict.  [And] if he says something is necessary to ‘go along the law’, that means ‘go ahead’…

Juarev has also accused another Supreme Court Judge, Nor Nurov, of confessing to being compelled by Abdulloev to rewrite a not-guilty verdict as guilty in the case of 31 businessmen from Isfara district accused of theft, embezzlement, and membership in a criminal organization.  This resulted in them being sentenced to 10-125 years in prison and their possessions seized by the government.  After the trial, the state prosecutor revealed that he had not asked for such harsh and lengthy sentences.

The Puppet Master revealed?

My colleague here at neweurasia, Averroes, has written about the degree to which the President himself might be involved, and if so on, on whose side.  But Juarev has also now stated his belief, based upon comments by Nurov, that Abdulloev is acting on behalf of Rahmon.

For his part, Nurov denies that he has ever implicated the President.  He also has changed tact, saying that he wrongly blamed Abdulloev, even offering to publicly apologize to his superior.

However, Nurov’s backpedaling may not be sufficient as a rearguard action: Juarev is now saying he wants the Supreme Court to review the case, specifically the roles of the General Prosecutor and the Anti-Corruption Agency, precisely “for the sake of the clean name of the President”.  He has promised to publish more transcripts soon.

A cunning strategy

There’s a lot of cynicism among people.  Some of my colleagues in Tajikistan outspokenly wondering whether this kind of horrific clownery was ever possible during the Soviet Union.  They point out the long efforts of the European Union to reform the country’s justice system and ask whether, if this kind of tragicomedy is the result of Western enlightenment, should we return to our original system?

They shouldn’t lose heart!  Juarev’s strategy is very crafty and good.  On the one hand, he continues to tacitly offer the plaintiffs a way out by rolling over on Abdulloev.  On the other hand, he is now tacitly offering Abdulloev himself a way over: resign now or roll over the President.

In reality, it’s very unlikely that Abdulloev will do that, but I think there’s a good chance the plaintiffs will cave in.  Furthermore, if Rahmon is involved, then the solution is obvious: make Abdulloev the fall man and promote one of the plaintiffs to the chairmanship.  I think the newspapers have a good chance of victory.