Photograph by Flickr user swirling thoughts (CC-usage).

The three judges who launched a multimillion lawsuit against three leading independent newspapers in Tajikistan have offered the defendants peace talks to finish what they describe as “the unprecedented and widespread media campaign against the whole justice system in the county”.

To me as a long-time observer of the dispute, and probably also you, the reader, will feel that the judges are exaggerating the situation.  There is no such campaign, just one lawyer Solehjon Juraev, who is revealing more and more details of the decision-making process at the top level of the justice system — the Supreme Court of Tajikistan.

Battle of letters

The troika made the offer in a letter published in Asia-Plus, one of the three newspapers.  It was primarily an attack on Juraev, accusing him of blackmailing the judges and misleading the public.  Of course, how can it be blackmail or deception when the letters are based on recordings of telephone conversations with one of the judges, Nurov, during which he confesses to corruption, extortion, and other gross malpractice?

Their letter, which by the way was delivered with a cover letter signed by the Supreme Court’s deputy chairman, B. Kholova, also noted the recent decision of an appeals court to revise the sentencing of the 33 Isfara businessmen, a controversial case that looms large in the background of the ongoing conflict between the judges and journalists.  The court reworded some of verdicts and reduced punishment of some the sentenced, for instance from 10 to 8 or from 8 to 5 years in prison.

Juraev has praised the decision but feels that the court nevertheless came short by not admitting that the verdict was unlawful and many of the sentenced are innocent.  As he sees it, the revision is essentially a face-saving attempt made on behalf of the Supreme Court.  I’m strongly inclined to agree with Juraev, but I doubt it will work because the judges are trying to beat the newspapers with one of the oldest tools of the press, and they’re doing it badly.

The tide may be turning

Meanwhile, there was the court trial of the newspapers and Juraev, who again emerged as the hero.  The Sino district court judge proceeded to bombard Juraev with objections, to which the lawyer protested by asking for the judge’s replacement.  The court adjourned.

Another development has probably also made an impact: Kenneth Gross, the U.S. Ambassador to Tajikistan, asked our nation’s Foreign Minister, Hamrohkhon Zarifi, to intervene in the case.  The meeting happened two weeks ago, on 26 March, amid rumors that some of the journalists were seeking political asylum in America via her embassy (Gross denied the rumors).

Seems the situation is changing in benefit of the journalists. Zafar Sufi, Editor-in-Chief of Ozodagon, one of three newspapers, hailed the negotiation offer from the judges.  He said that it could lead to reconciliation.  However, some of my colleagues in Tajikistan’s journalism community worry it could be a maneuver by the judges to split the newspapers.  They feel that the proper response to the letter should be continued solidarity and pressure.  I’m again strongly inclined to agree.

Convenient dignity

The judges’ letter made a point to say that they might open a criminal case against Juraev for slander.  Juraev responded promptly, pointing out that he is just repeating the same things that he brought up at the Supreme Court during the Isfara case:

The question is why didn’t you open a criminal case against me at the time, but are now eager to do so?

I think Juraev is right.  It’s another example of the displays of convenient dignity that have characterized not only this particular debacle, but the entire justice system.  The inconsistency, malpractice, and outright hypocrisy has diminished the people’s trust in their judges.  It’s high time justice came to the justice system.

Update: I was finishing this post when the latest news arrived: In a joint press-conference on Tuesday evening, all the three editors, Marat Mamadshoev of Asia Plus, Zafar Sufi of Ozodagon, and Khurshedi Atovullo of Farazh, announced that reject Amriddin Safoev, the presiding judge of the case, if he will continue supporting the plaintiffs.

Additionally, Mamadshoev praised the role of Juraev, and threatened that if the status quo continues, he will publish a full transcript of the phone conversation between Nor Nurov and Ulughbek Mahmadshoev.   It seems that newspapers want to show their solidarity with Juraev.

Were that not enough, the head of the National Association of Independent Media, Nuriddin Qarshiboev, who was also present at the press conference, said that the justice system is attempting to pressure the media.  He interpreted this as a sign of the system’s ultimately biased political motivations.