New York, December 16, 2005A Tajik journalist ordered released
last month by the Supreme Court was finally freed today, a move welcomed
by the Committee to Protect Journalists. Jumaboy Tolibov left a detention
center in the town of Istarafshan in the northern region of Sogd, according
to a local CPJ legal source and the National Association of Independent
Media of Tajikistan (NANSMIT), a press freedom group based in the capital
Dushanbe. Tolibov was jailed in April 2005 after criticizing a local prosecutor
in three newspaper articles in 2004.
The Supreme Court ordered Tolibov's release on October 11 but the Prosecutor
General's Office in Dushanbe appealed that ruling. When the Supreme Court
upheld the release order on November 28, authorities in the Istarafshan
detention center said they would not implement the ruling until they had
received an official copy of the order in the regular mail.
"It is scandalous that a journalist should have remained behind bars in
flagrant disregard of a ruling by Tajikistan's highest court while his
jailers waited for the country's unreliable mail system to deliver his
release papers," said CPJ Executive Director Ann Cooper. "We are relieved
that Jumaboy Tolibov has at last been released but we call on the Tajik
authorities to refrain from jailing journalists for their work in the
future."
The release came four days after Tolibov was visited by Alain Couanon,
the senior representative in Tajikistan for the Vienna-based Organization
for Security and Cooperation in Europe (OSCE), a pan-European human right
monitoring body. Couanon expressed "concern" about Tolibov's ongoing detention
on December 12 and called on authorities to "accelerate the process of
releasing the journalist," the OSCE said.
Under the Tajik Code of Criminal Procedure the Prosecutor General's Office
can suspend the implementation of a Supreme Court decision by filing an
appeal, which it did after the October ruling. On November 28, the nine-member
bench of the Supreme Court rejected that appeal and ordered Tolibov's
release, NANSMIT reported.
Tolibov was arrested on April 24 in Dushanbe at the direction of Ayni
district prosecutor Sabit Azamov. Tolibov, who is also chairman of the
legal department in Ayni's local government, wrote commentaries in the
ruling party newspaper Minbar i Halq and the parliamentary newspaper
Sadoi Mardum criticizing the prosecutor's office. On October 11,
the Supreme Court reduced Tolibov's punishment from two years in prison
to one year of corrective labor and ordered his release after accepting
the six months imprisonment already served as the equivalent of a year
of corrective labor.

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