For more than fifty days, journalist Jumaboy Tolibov is in a temporary detention center, regarding which investigative actions have not yet been carried out.
This was reported in a statement by the National Association of Independent Media of Tajikistan (NANSMIT), circulated on June 13. The statement was prepared on the preliminary results of the work of the independent expert group, which on June 8, 2005, left for Aini district of Sughd region, to study the issue of a criminal case and illegal arrest of a journalist and head of the legal department of the Ainsky district administration Jumaboy Tolibov. In a statement, NANSMIT noted that the arrest of a journalist is directly related to his journalistic activities.
“This assumption is based on the fact that the prosecutors of the Sughd region showed a blatant bias in investigating the Tolibov case. Practically no action was taken on his statement and the fact of the beating of the Aini district prosecutor Sobit Azazamov. The persons whom Tolibov indicated in his statement, in particular, representatives of the administration (hukumat) of the Ainsky district, were not interviewed. In addition, the prosecution authorities ignored Tolibov’s repeated statements and critical publications in the republic’s mass media ..., ”the statement reads.
According to legal expert Farrukhsho Jojudov, during the initiation of the criminal case and the arrest of Tolibov, a number of procedural norms of the legislation of the Republic of Tajikistan were violated.
“Dzhumaboy Tolibov spent more than 50 days in custody in the temporary detention center of the Ainsky district police department. There were no investigative actions against the journalist, and for some reason the process is deliberately delayed, although there are all the conditions for the prompt investigation of the case. It seems that some employees of the Prosecutor’s Office of the Sogd oblast, who are investigating this case, are proceeding from the narrow departmental interests and defending the honor of the uniform of the prosecutor of the Aini district of Azamov, ”notes Dzhunaydov.
According to members of the expert group, all this gives grounds to say that the Sogd regional prosecutor's office is not able to investigate the Tolibov case objectively and without bias. According to the members of the expert group, on the day of their arrival in Aini district, they saw a crowd of people in the village center Varzi Manor, outside the regional hukumat building. The gathered people demanded the speediest release of Tolibov from custody.
According to Zokhirjon Zokirov, the head of the administration of the Aini district, the staff gathered about 120 people, mostly residents of the villages of Jamoat Rarz, who knew Jumaboy Tolibov well. Having learned that on June 8, representatives of the Khukumat of the Sogd oblast arrived in the Aini district to meet with the population, they signed a petition asking the regional authorities to investigate the case of Tolibov fairly. The gathered people also prepared a petition to the district administration (administrative office) to allow them to hold an official rally in support of the journalist, but this request was rejected by the local authorities.
Jumaboi Tolibov, a journalist and head of the legal department of the Aukinsky district hukumat, at the same time acting secretary of the coordination council of the district hukumat, was sanctioned by the prosecutor of the Ainsky district Azamov on April 24 of this year in Dushanbe by the employees of the capital's OVD of the Firdousi district while on vacation in Dushanbe. After that, he was transferred to the temporary detention center of the Aini district, where he is still located.
The reason for this was the conflict that took place between Tolibov and Prosecutor Azamov. On July 30, 2004, on behalf of the chief of staff of the district, Tolibov was going to prepare material on the crime situation and on ways to prevent it in the district. Going to the district prosecutor Azamov, he meets him on the street and asks him to prepare for him the necessary information on this issue.
But the prosecutor, according to Tolibov, without any reason began to insult him with obscene words, and summoning him to his office, continuing to use foul language, struck him several blows in the chest. Returning to the hukumat, Tolibov informs the head of the office of the district chairman about the incident. After consulting with their colleagues, representatives of the Hukumat decided to keep silent about the incident and wait for the arrival of the chairman of the district Mavjuda Boboeva, who was on a working trip at that time.
On the same day, July 30, Tolibov sought medical help at the Central District Hospital, which was recorded in No. 4 in the journal Failure of Hospitalization. Doctor Jabbor Sattorov, who took Tolibov, made the following entry: “A chest contusion on the left and a chest region. Flat abrasions in the chest on the left size 4x0,2, 2x0,2. Abrasions treated with iodine solution. Indications for hospitalization no. Ambulatory treatment".
In addition, the victim Tolibov, on August 4, turns to a forensic medical examination, where he receives medical care and prepares an act of forensic medical research.
Upon returning from a business trip, the chairman of the Mavjuda Boboev district, not wanting to publicize the incident, advises Tolibov to reconcile with the prosecutor. However, the journalist does not agree with Boboeva, citing the fact that the prosecutor Azamov insulted and cursed with obscene words, the most dear to him man, his 78 year old mother.
In search of truth, Tolibov decides to fight the prosecutor alone. Soon, in the Minbari Khalk newspaper (an organ of the People’s Democratic Party of Tajikistan) and Sadoi Mardum, he publishes a number of articles in which the activities of the prosecutor of Aynni district Azamov are sharply criticized. He sends letters and applications to the executive office of the President, the parliament, the Prosecutor General’s Office of the country, in which he asks to take appropriate measures to the actions of the prosecutor. But no response is received.
Without losing hope, Tolibov conducts an independent journalistic investigation in cases which, for unreasonable reasons, were refused in the district prosecutor's office. The videotape in which the testimony of witnesses is recorded is sent to the Prosecutor General’s Office and the Prosecutor’s Office of the Sogd Oblast. At the same time, on February 2, 2005 under the pseudonym of “J. Juraev, ”wrote a statement addressed to the head of Tajikistan, Emomali Rakhmonov, where he points to concrete facts. In his statement, the journalist assures that in the event of an investigation, he will be able to prove all of his accusations against prosecutor Azamov.
Tolibov’s application for investigation is forwarded to the Prosecutor General of Tajikistan Bobodzhon Bobokhonov, who instructs the Prosecutor’s Office of the Sogd Oblast to thoroughly investigate all the facts stated in the application and, if confirmed, raise the issue of the dismissal of Aininsky District Prosecutor S.Azamov. In the event that these facts are not confirmed, a criminal case against “J. Dzhuraeva.
The regional prosecutor's office begins to act immediately. All mechanisms are in place for the speedy investigation of the Tolibov case, and after two months all the facts indicated in the “Juraev” statement are investigated. And on March 29, 2005, Tolibov received the answer that his facts were not confirmed. But Mavjuda Boboeva, chairman of the Aini district, believes that this check was one-sided and biased, since the main people involved in the criminal cases were not questioned.
Prosecutor Azamov, told the Oasis correspondent that the criminal case initiated against Jumaboy Tolibov has nothing to do with his conflict with the accused. According to him, Tolibov is charged with hooliganism, obstruction of investigative actions, the use of his official position, and illegal entry into the dwelling of a private individual. “I am also going to accuse him of slander, because he slandered me in a statement addressed to the president,” the prosecutor added.
According to members of the independent expert group, the legislation of the Republic of Tajikistan prohibits prosecution for criticism, while the criminal procedure code of the republic provides for the use of arrest as an exclusive measure, i.e. in cases where the person does not have a permanent place of residence, is hiding from the investigating authorities or has committed serious or especially serious crimes.
"In the case of Tolibov, he is the father of 6 children, has a permanent place of residence, work in the executive branch of government, is characterized positively by work and among the population of the district, and, therefore, arrest him, in our opinion, is unfair and inhumane" , They note.
In this regard, NANSMIT, in a statement dated June 13, appeals to the Prosecutor General to change the preventive measure against Tolibov on his own recognizance. “We also believe that this case should be investigated objectively, transparently and as soon as possible, and, of course, with the involvement of interdepartmental experts and investigators from the General Prosecutor’s Office of the Republic of Tajikistan.”
This is my homeland in which I live. More truly - I exist. The utter lawlessness of the prosecutor's office, other law enforcement agencies, but at the same time, the prosecutor's office can do whatever it wants, and no one, not even relatives of the President of Tajikistan, do not interfere with the employees of the prosecutor's office. Now the prosecutor’s office empowers itself through the new law “On the fight against corruption” with operational functions. It creates a monster like the NKVD in the time of Beria, who catches himself, investigates himself, imprisons himself, and shoots himself. And it is useless to appeal to the Prosecutor General - he is the one who directs all this activity to pacify the journalist. By the way, on the birthday of his son, the drug mafia presented him with a new car.