New York, October 1, 2003The Second District Court in the Lithuanian
capital of Vilnius yesterday ruled that the State Security Department
overstepped its authority when it shuttered the pro-independence Chechen
Web site KavkazCenter
on June 20.
The State Security Department disconnected and confiscated KavkazCenter's
server at the private Vilnius-based Internet provider Elneta on June 20
because the Web site was allegedly spreading "terrorist propaganda," according
to local and international press reports.
The Second District Court ordered the State Security Department to return
the confiscated server to Elneta and said that only the judiciary was
authorized to restrict the dissemination of information.
But the court also rejected the September 9 findings of the government's
Journalists and Publishers Ethics Commission, which had ruled that the
site was free of hate speech. The court concluded that some of the material
on the site promoted national and religious hatred. As a result, according
to a government official involved in the case, from now on the director
of Elneta will be responsible for monitoring the site's content.
The presence of KavkazCenter on the Elneta server had strained
relations between Russia and Lithuania, and the State Security Department
had filed a civil case against Elneta and its director, Rimantas Pasys,
after the department confiscated the server on June 20.
After the June 20 closure, Lithuanian human rights activists and politicians
rallied in support of KavkazCenter, and the Web site went back
on line August 6 from a server based in the apartment of Soviet-era dissident
Viktoras Petkus.
Background
The Russian Embassy in Vilnius has previously called on Lithuanian
authorities to shutter KavkazCenter, which is supportive of Chechen
rebels fighting for independence from Russia.
Some journalists rely on the Web site for information due to the Kremlin's
access restrictions on the war-torn region, as well as ongoing security
risks in Chechnya.
The private Internet service provider MicroLink Data hosted KavkazCenter
in Lithuania until April, when the company terminated its contract
with the Web site.
The Web site then moved to AS Starman, a private Internet service provider
based in the Estonian capital, Tallinn, and Russian officials pressured
Estonian authorities to close it.
Sergei Yastrezhembsky, an adviser to Russian President Vladimir Putin,
warned in April that, "Countries which aspire to partnership and mutually
advantageous relations with the Russian Federation should bear in mind
Russia's categorical objection to the hosting of information resources
on behalf of Chechen separatists," the ITAR-TASS news agency reported.
The Russian Foreign Ministry also called on Estonia several times to shutter
the site.
In May, KavkazCenter moved to Elneta, and Russian authorities renewed
their pressure on Lithuanian officials.

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