TAJIK JOURNALIST RELEASED FROM PRISON

UNCLAS DUSHANBE 002064 SIPDIS STATE FOR EUR/CACEN, SA E.O. 12958: N/A TAGS: PGOV PHUM KDEM TI SUBJECT: TAJIK JOURNALIST RELEASED FROM PRISON REF: A) DUSHANBE 927, B) DUSHANBE 1001 ¶1. (U) Prison authorities in Istaravshan released Jumaboy Tolibov December 16 after several months of legal wrangling. Sabit Azamov, the Ayni district's General Prosecutor, ordered Tolibov's arrest on April 24. As the chairman of the Ayni district's legal department, Tolibov published commentaries in local newspapers alleging the local prosecutor Sabit Azamov assaulted him and criticized the prosecutor's office for refusing to investigate the incident. On July 28 he was sentenced to two years in prison for charges of hooliganism, trespassing and abusing his office as a local government administrator. ¶2. (U) The trial was allegedly unfairly conducted with contradictory witness statements. After the defense appealed, the Supreme Court released Tolibov on October 11. However, the Prosecutor General's Office blocked the release by filing an appeal. (NOTE: In Tajikistan, the Prosecutors enjoy enormous powers, including the ability to overturn judgments. END NOTE) The Supreme Court rejected the appeal and once again ordered Tolibov's release November 28. Although the Supreme Court had issued the order, prison authorities refused to free Tolibov until the formal letter arrived at the detention center via the notoriously slow Tajik postal system. ¶3. (U) The U.S.-funded NGO Internews obtained the official document signed December 9 and sent it to Tolibov's brother who presented it to regional authorities. The morning of Tolibov's release, Alain Couanon, Head of the Organization for Security and Co-operation in Europe (OSCE) visited Tolibov in prison and met with the director of the detention center and representatives of the Ministry of Justice. Couanon expressed concern that Tolibov was still imprisoned despite a Supreme Court order for his release. Tolibov was free several hours later. ¶4. (U) COMMENT: Since Tolibov's arrest, many journalists, NGOs, and diplomatic missions have made public and private statements condemning his arrest and the violation of freedom of speech rights. The Supreme Court's decision to reject the General Prosecutor's Office's appeal and order the release of Tolibov is a promising sign that the government does have some checks and balances and adheres to the legal process. However, his arrest and delay in release shows the General Prosecutor's Office power and the Prosecutor's tendency to use the law for political and personal goals. END COMMENT. ARMBRUSTER NNNN