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


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