H.E. Askar Akayev
Office of the President
Ulitsa Kirova 205
Bishkek
Kyrgyzstan
c/o Embassy of Kyrgyzstan in Austria

Vienna, 9 March 2001

Your Excellency,

The International Press Institute (IPI), the global network of editors and media executives, is deeply concerned at the recent measures taken by the authorities against a Kyrgyzs opposition newspaper.

According to IPI’s sources, on 6 March, Bishkek’s Lenin District court ordered Uchkun publishing house to stop printing the opposition biweekly Asaba until the newspaper pays its outstanding fines. The fines had been imposed on Asaba for allegedly failing to repay a loan, evading taxes and insulting a deputy of Parliament. The editor-in-chief of the newspaper, Melis Eshimkanov, believes that the decision is politically motivated. Eshimkanov was one of the candidates in the presidential elections last October.

Concerning the charge of the failure by Asaba to repay a loan, the Kyrgyz Arbitration Court ruled on 20 February 2001 that the newspaper should pay Kumtor Operating company 1.1 million soms for a 1993 loan the company had granted Asaba for publishing a book. Eshimkanov claims that it was agreed that the loan should be paid back in the form of advertising. Recently, however, the company, which is close to the authorities, replaced its management. The new management subsequently demanded that the newspaper pay the debt.

Asaba also has an outstanding fine of 5 million soms after a 20 October 2000 decision in which a Bishkek district court ruled that the newspaper should pay compensation for causing “moral damages” to former Communist Party of Kirghizia First Secretary Turdakun Usubaliev. The newspaper has appealed the insult charges. However, the Bishkek City Court decided to postpone indefinitely a hearing of the appeal.

Moreover, on 27 February, the director of the Tax Inspection appealed a court ruling of 15 September 2000 which exonerated the newspaper from charges of tax evasion after a three-year legal battle. The director, Aziz Momunkulov, is now demanding that the newspaper pay 2 million soms in fines to the Tax Inspection. These developments are worrying since the application of excessive fines have, in the past, effectively been used to halt the publication of newspapers.

On 21 February 2001, authorities froze the banking account of the weekly Respublika and ordered Uchkun publishing to stop printing further issues of the newspaper after Respublika failed to pay a fine handed down to it by the Pervomaysk Court in Bishkek. The newspaper had been the target of a libel suit initiated by Amanbek Karypkulov, president of the state-owned National TV and Radio Company.

The court ruled in favour of Karypkulov and ordered Respublika to pay 50,000 soms in damages. Last year, the court ruled that Respublika should pay 200,000 soms to Karypkulov for publishing an open letter by employees of State Radio and Television criticising him.

IPI believes that the fines imposed on the newspapers are disproportionate to the alleged crimes committed. The practice of imposing excessive fines on media outlets in retribution for their reporting is in gross violation of everyone’s right to “seek, receive and impart information and ideas through any media and regardless of frontiers”, as guaranteed by Article 19 of the United Nations Universal Declaration of Human Rights. Moreover, the use of so-called “insult” laws to limit reporting flies in the face of internationally accepted standards.

Insult laws are designed to protect the “honour and dignity” of public officials whom, aside from having ample means to seek other forms of redress, should be subject to greater scrutiny. Open criticism of public authorities is essential in any democracy. These laws can and have been applied by authorities in order to stop critical reporting, irrespective of whether or not it is based on asserted facts. Moreover, in addition to chastising journalists reporting the facts, insult laws can be used to punish anyone expressing an opinion.

Therefore, IPI urges Your Excellency take the necessary steps to stop the practice of awarding excessive financial compensation to claimants suing for libel. The publication of a correction or an apology is an appropriate and sufficient resolution to any libel dispute, should the accused be proven guilty.

Moreover, IPI urges Your Excellency to repeal Article 129 of the criminal code which states that “Insult, either verbal, written or physical” is punishable by a fine or up to six months corrective labour or public reprimand. This article provides public officials with the means to effectively limit the dissemination of information and thus restricts the public’s right to know.

We thank you for your attention.

Johann P. Fritz
Director