Image by neweurasia's Schwartz (CC-usage).

Editor’s note: A lawsuit by three Tajik Supreme Court judges against three independent Tajik newspapers promises to be earthshattering for all involved, writes neweurasia’s Alpharabius.  Make sure to read Alpharabius’ previous post here.

The first hearing on the lawsuit by three judges against three independent newspapers in Tajikistan was held yesterday (Tuesday, 2 February).  It showed that there will be serious battles ahead between the two sides precisely because so much is at stake.  Will the government choose power over justice?  Will the media choose safety over truth?

Into the boxing ring

The plaintiffs - the Supreme Court judges Nur Nurov and Ulugbek Mahmadshoev and a judge of the Dushanbe City Court Fakhriddin Dodometov, flatly refused to address the problem by “peaceful means”, as proposed by their colleague, judge of the Sino district court of Dushanbe Amriddin Safoev. Accordingly, Safoev assigned 23 February as the start of the legal process. By that time, both parties must submit evidence and declare their final positions.

In talks held behind closed doors, the newspaper editors Khurshed Niyozov (Faraj), Zafar Sufiev (Ozodagon), and Marat Mamadshoev (Asia-Plus) felt as if they were in enemy territory. Nevertheless, they remained upbeat, likely from the fact that the courthouse was packed with journalists, human rights activists, and supporters of freedom of speech. Even some of international observers who are in the country on the occasion of the parliamentary elections were there!

Mamadshoev expressed his gratitude for the support of colleagues while Niyozov and Murakami described the situation as a “Kafkaesque” and “hyperspace”, respectively. There were also many supportive statements from the Tajik and international organizations.  Meanwhile, Reporters Without Borders (RSF) released the following statement on Monday:

The Tajik authorities must stop using the judicial system to harass independent news media.  [...] Tajikistan’s defamation law should be amended to ensure that damages awards are proportional to the resources of the media concerned.

[...] Aside from the flawed legislation, a new tendency is emerging in the lawsuits that have been brought against the country’s leading independent newspapers in the past few days. With just weeks to go to parliamentary elections on 28 February, there is clearly an all-out drive to intimidate news media and get them to censor their coverage of state authorities.

The RSF statement was released upon news of the indictment against another independent newspaper, Paykon, which must now pay $69 000.  The price is crippling and it’s likely the newspaper will now be shut down.

Where do we go from here?

Many people in attendance were surprised by the huge moral damage claims against.  Several questioned how the claims have been calculated.

Intriguingly, one of the plaintiffs remarked that the judges aren’t seeking profit at the expense of the newspapers but intend to donate the money to the Roghun project fund. Some journalists interpret this statement as an attempt to drag President Rahmon into the lawsuit, while Solijon Juraev, who also is one of the defendants (it was his letters that sparked the lawsuit), suggested that it means the decision to sue the newspapers was made “somewhere above”.

I think those “above” must be on the edge of their seats.  They must realize that they are faced with a difficult choice between maintaining the prestige of their country, which has prided itself on its independent press, and the sanctity of their judicial system, which has been undermined by corruption.

But the choice of the journalists is a hard one too: either to soften their tone, and hence introduce self-censorship, or push forward with investigative journalism and invite upon themselves ever greater insecurity.