Libel Suits Chill Free Speech in Kyrgyzstan

UNCLAS SECTION 01 OF 02 BISHKEK 001021

SENSITIVE
SIPDIS

DEPT FOR SCA/CEN AND SCA/PPD

E.O. 12958: N/A
TAGS: PREL PGOV KPAO KG
SUBJECT: Libel Suits Chill Free Speech in Kyrgyzstan

BISHKEK 00001021 001.2 OF 002


SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION


1. (SBU) SUMMARY: A successful libel suit by President Bakiyev's
nephew against two independent newspapers has opened a veritable
flood gate to additional criminal and civil suits against
newspapers. The suits, which can result in awards of one million
soms (over $28,000) in moral damages, are often enough to bankrupt a
newspaper or force its closure. END SUMMARY.

Alibi and De Fakto First in the Crosshairs
--------------


2. (SBU) On June 2, in a libel suit filed by President Bakiyev's
nephew, Asylbek Saliyev, the Pervomaisky Rayon Court ruled against
independent newspapers "De Facto" and "Alibi." The Court ordered
the newspapers to pay Saliyev one million soms (over $28,000) as
"compensation for moral damage" for suggesting that Saliyev was
involved in a fatal car crash in March 2007.


3. (SBU) "De Fakto" newspaper's initial reaction to the court
ruling was to treat it as a joke and start a collection from
readers, saying, "We need one million soms in donations for the
needy President's family." However, before it could raise the
funds, it again ran into trouble. On June 14, "De Fakto" published
a statement by Zamira Moldozheva, who identified herself as a Tax
Inspection Officer and accused the Head of the Kyrgyz Tax Inspection
of corruption. Zamira Moldozheva was apparently an alias, and the
author of the letter was never identified.


4. (SBU) It is possible that the letter was an attempt to "frame"
the newspaper, as one day after the letter was published, police
raided "De Fakto," confiscated computers and documents, and sealed
the offices. Officials accused Editor-in-Chief Cholpon Orozobekova
of "deliberately providing false statements," a criminal charge
normally reserved for those who provide false statements to law
enforcement officials and is punishable by up to 5 years
imprisonment. Orozobekova's bank accounts and assets were frozen.
Government officials and organizations also filed defamation claims
against "De Fakto" and won awards of 4 million soms (over $112,000).
Orozobekova has since gone into hiding, unable to pay the 5 million
soms she owes and fearing criminal prosecution.


5. (SBU) "Alibi" newspaper took a different tack, agreeing to pay
the one million soms compensation to Saliyev and printing a
retraction. It only asked the court for some time to come up with
the money and to make payments in installations. Nonetheless, on
August 22, police seized the whole press run of the paper "under
legal process." Prosecutors went one step further, filing a
criminal case for "malicious non-fulfillment of a court decision"
against Editor-in-Chief Babyrbek Djeenbekov. On August 29, in an
attempt to avoid paying the fine, Djeenbekov closed down Alibi and
published the final issue, which announced the establishment of a
new newspaper, "Achyk Sayasat" ("Open Politics"). On September 10,
Djeenbekov was arrested for failing to comply with a court verdict
but was released the following day. (Comment: In Kyrgyzstan,
newspapers can avoid paying libel damages by ceasing operations and
reopening under a different legal name.)

Use of the Tactic Spreads
--------------


6. (SBU) On July 29, a court hearing was held to rule on a claim
against monthly human rights bulletin "Prava Dlja Vseh" ("Rights for
Everyone"). Manager of the South Kyrgyz Cement Factory and former
Minister of Industry, Yan Fisher, filed a civil suit against "Prava
Dlja Vseh" because the bulletin published an article that was
critical of South Kyrgyz Cement's hiring practices. Mr. Fisher
asked the court to press criminal charges against the publication,
to fine it 1 million soms, and to close it down. After human rights
activists intervened, the parties came to an amicable agreement.


7. (SBU) On August 26, Osh city Vice-Mayor Ainura Shayimkulova filed
a defamation case against "Jany Zaman" newspaper, requesting 1
million soms compensation for insulting her honor and dignity. The

BISHKEK 00001021 002.5 OF 002


next day, Erkin Kojogeldiyev, Editor-in-Chief of "Jany Zaman", filed
a ten million som counter-suit against Shayimkulova for insulting
his honor and dignity. He told Azattyk Radio that the case against
President Bakiyev's nephew set a bad precedent for other government
officials who think they can close any newspaper with whom they
disagree. The case has not yet been decided by the courts.


8. (SBU) On August 28, the local press reported that the First
Deputy Minister of Internal Affairs, Melis Turganbaev, filed a
lawsuit against "Tribuna" newspaper for publishing his involvement
in a sex scandal. "Aalam" newspaper owner, Shamshi Medetbekov, told
the Embassy that the Minister of Economics, Akylbek Japarov, filed a
court case against his paper. However, he said he had not received
the formal complaint or summons.


9. (SBU) Comment: This trend is troubling. While other forms of
mass media have seen increasing limitations on their freedom to
report, certain newspapers have managed to maintain their
independence. It is possible that these low-circulation weekly
papers were not perceived as being influential enough to bother with
manipulating. Now with even these small papers coming under attack,
we predict that we will see a further contraction of freedom of
speech in Kyrgyzstan.

Gfoeller