Three Tajik judges urge to close “Asia-Plus”, “Farazh”, “Ozodagon” newspapers claiming 5.500.000 (five and half million) Somoni compensation for moral damage.

Last Friday, January 29^th, the editors of “Asia-Plus” newspaper received three letters from Amriddin Safoev, a judge from Sino regional court. According to these messages, two judges of the Supreme Court - Nur Nurov, Ulugbek Mahmadshoev - and Fahritdin Dodometov, a judge of the Dushanbe city court, have filed a lawsuit against “Asia-Plus”, “Farazh”, “Ozodagon” newspapers and a lawyer Solehjon Juraev claiming that recent publication of an open statement of Mr. S. Juraev (“Lawyer is authorized to declare”, “Asia-Plus”, №3) caused severe damage to their honor, dignity and business reputation. They want both the lawyer and the editions to deny all facts described in the statement claiming compensation. Judge N. Nurov (who presided over the 33 Isfara residents trial) claims three million Somoni. His colleague, judge U. Mahmadshoev claims two million, while F. Dadometov claims 500 thousand Somoni. In total all three claim five and half million Somoni. If the court rules in favour of the claimants, the funds will be invested into the construction of Rogun hydropower plant.

Claimants also ask to suspend the activity of the newspapers. According to N. Nurov, newspapers should “stop publication of slanderous articles”.

On Tuesday, February 2, the sides met in the court of Sino region. Hurshed Niezov spoke on behalf of “Farazh” newspaper, Zafar Sufiev on behalf of “Ozodagon” and Marat Mamadshoev of “Asia-Plus”. This was a closed-door meeting with claimants – judge Nur Nurov, Ulugbek Mahmadshoev and Fahritdin Dodometov. Judge Saidov, who filed claims against S. Juraev, has also attended the meeting. According to official procedures, judge A. Safoev tried to balance the conflicting claims. Claimants refused.

Judge A. Safoev suggested the sides to file all claims and arguments by February 23^rd. As soon as all claims are filed the court will fix the trial date.

“The trial against Israra residents”

We remind to our readers that this story spins around the so-called “Isfara case” when judge of Supreme Court Nur Nurov, who presided over the Khujand assizes, sentenced 31 residents of Isfara to different terms – from 11 to 25 years – in prison, while the claims of public prosecutor were not so severe. All the convicted were connected with the case of Nizomhon Juraev, a local businessman from Isfara. They were accused of gangsterism, illegal possession of weapon, money laundering, tax evasion and misappropriation of funds.

Court’s decision stirred wide indignation. Both public prosecutor and the convicted and their defenders called it unfair. Moreover, it was called unfair by the General Prosecutor of the country Mr. Bobojon Bobohonov. On 7 July press conference he said a criminal case will be launched against the judge of the Supreme Court Mr. Nur Nurov if the verdict is not revised. He called the verdict “illegal and unfair”.

- This is the first time in my practice that I face such lawless act, Prosecutor General have said. – In particular, I’m aware that accusations of organization of a criminal group were removed during prejudicial inquiry. However, the presence of this accusation in the verdict shows that the court ignored the materials of the investigation. Transportation costs spent for this trial made 100.000 Somoni, but what is the result.

Following the Prosecutor General’s statement “Asia-Plus” asked the Supreme Court to reply to the statement. But judges decided to keep silence and never filed an appeal against the Prosecutor General…

Moment of truth

The Court of Appeal of the Supreme Court of Tajikistan met in January 2010 in Khujand to consider the appeal. During the session lawyer S. Juraev made a sensational statement accusing both the Supreme Court and the State Counter-Corruption Agency of fabrication and lawlessness. In his open statement he addressed to the President, Parliament, Prosecutor General, Ombudsman, a series of international organizations and the media. He handed the reporters CD disks which contained a record of his private conversation with judge of the Supreme Court Mr. Nur Nurov, who uncovers the reasons of such unfair verdict against residents of Isfara. In this conversation the judge says that the primary verdict was expected to be not so severe and tells that the decision was agreed with the chairman of the Supreme Court Mr. Nusratullo Abdullaev, who received his “share” from a high-ranking official from the President’s Office. According to him, the judge was about to make an absolutely fair verdict. However, someone has set a rumor that Nizomhon Juraev (main accused person) paid a $5 million bribe to the chairman of the Supreme Court. The rumors reached the President who demanded to punish all the accused. Thus, N. Abdullaev ordered N. Nurov to change the verdict to a more severe one. The judge confessed that the verdict was unfair, but he says he was “afraid” and forced to do so.

Upon his arrival to Dushanbe, lawyer S. Juraev organized a press conference and repeated his accusations. All the journalists who attended the conference told that to their readers. One week later Senior Prosecutor of the Prosecutor General’s Office Rustam Olimov, who acted as a public prosecutor at the trial, called the verdict passed by the judge Nurov illegal (see “Asia-Plus” №4) saying that “this verdict is a crime”. I looked through the verdict and found violations of more than 40 articles of five Codes of the country. The verdict also contradicts the decisions made at the Plenary Session of the Supreme Court. Every page of the verdict consists of mistakes, - R. Olimov has said. According to him, the verdict contradicts the principle of the Criminal Law and Criminal Responsibility, the rule of law and equality, inevitability of responsibility, personal responsibility and guilt, justice, humanism, democracy and, what is most important, fails to restore social justice.

- Where is social justice when people get similar sentences for economic crimes and murders. Our President said that there is no need to sentence people to prison when they reimburse the damage caused by economic crimes they commit. No damage was found in this case. I don’t believe this trial! I told that during the trial and I’m telling this to you. This trial was more like a performance! – the public prosecutor said when telling about the session of the Court of Appeal under Supreme Court.

Now, it’s time to summarize the results. Not only the convicted residents of Isfara, but also their relatives and lawyers called the verdict unfair. It was called unfair and illegal by the Prosecutor General. It was called illegal by the public prosecutor who participated in the trial from the very beginning up to the end. Judge Nurov called it unfair in a private conversation. This was published by the newspapers and discussed in the society. And as if on command all the judges file lawsuits and appeals. But, of course, neither against the Prosecutor General nor against the public prosecutor and not against the judge who accuses his boss of corruption. They filed lawsuits against journalists who did nothing but served their mission – distributed this information to the society. Some experts already called this case to have political colors initiated by the authorities ahead of the elections to frighten the independent press. But we have another point of view. We do not believe that the decision to attract the journalists to court comes from the political authorities of the country. On the contrary, we believe that judges did a disservice to the President and he entire Tajikistan. Moreover, they have baffled themselves by filing these lawsuits. They will loose anyway. We consider this case to be a typical attempt to defend the honor of the regiment and hide big problems that accumulated in our administrative system from the society. This is happening contrary to the truth, to the law and contrary to national interests of the country. We have no idea of the future decision of the court, but we officially declare that our newspaper will continue to perform its duty in the way we understand it – provide truthful information to society, protect the interests of those people whose rights were unfairly violated. We are going to defend the principles of the rule of law – everyone is equal before the law – ordinary farmers, officials and journalists.