SHOKIRJON HAKIMOV: THE REVELATION OF INCOMPETENCE LED TO THE CASE AGAINST DALER AND ABDULLAH

The beating, arrest, and imprisonment of journalists in Tajikistan is not a new occurrence.

At least since the 2000s, journalists like Rajab Mirzo, Daler Sharifov, Abdurahim Umarov, Hikmatullo Saifullozoda, and Mahmadali Hayit have been beaten and imprisoned. Although those responsible for these beatings were never identified and brought to justice, these cases were somehow explained. However, the beating of Daler Imomali by authorities and the arrest of him and another young Tajik journalist, Abdullah Gurbati, for their professional activities is a unique case that cannot be explained in any other way than through legal analysis. Therefore, oiina decided to conduct an interview on this matter with Shokirjon Hakimov, a professor of law.

Recently, as this interview was being prepared for publication, the media reported that the court extended Daler Imomali's detention for two more months. Previously, he was accused of "illegal entrepreneurship" and "knowingly providing false information about the commission of a crime," but now a new charge has been announced against him: "collaboration with banned organizations." Additionally, it is reported that Daler Imomali's case has been classified as secret.

Oiina: I'd like to start the conversation by asking how you, as a lawyer, evaluate the arrest of two journalists in a country that claims to be democratic?

Shokirjon Hakimov: Without a doubt, the manner and methods of detaining and applying preventive measures against journalists should have been different. After all, they do not pose a threat to society and, given the nature of their profession, belong to the intelligentsia of the country. In my opinion, if the issues faced by these journalists had not become public and caused concern among the intelligentsia, the law enforcement agencies might not have taken such measures against them. In a state that positions itself as democratic, such actions are unacceptable. Freedom of speech and access to information sources are crucial and strategic conditions for the transparent and effective functioning of the state. Security and creative activities, particularly those of journalists, are generally guaranteed by the Constitution and international legal documents. However, political will and the understanding of law enforcement agencies of the importance of this for governance are also crucial.

Oiina: I believe you've watched some of the videos published by Daler Imomali and Abdullah Gurbati. Did they commit any gross violations of the law while producing these videos?

Shokirjon Hakimov: Such treatment of journalists not only indicates the violation of human and civil rights and freedoms but also weakens the social cooperation between social structures, scientific and creative institutions, and the state. This hinders the achievement of national goals in building a modern, successful, and civilized state, worsens the economic and investment environment, and obstructs the implementation of economic and social programs and projects.

Oiina: How do you assess the charges on which these two journalists were arrested?

Shokirjon Hakimov: Daler Imomali and Abdullah Gurbati were gradually trying to change the format and content of journalism, considering the achievements of modern technology and the experience of other free and democratic countries. They aimed to contribute to the information space as alternative actors, revealing and addressing pressing societal issues. Their approach to their work reflects their active civic stance and their concern for injustice and existing problems. However, the level of political culture and the current realities in Tajikistan lead to the fact that not everyone, especially government officials, is interested in citizens who are awake, aware, courageous, and initiative-taking in forming public opinion.

Oiina: As you know, the conflict between Daler and Abdullah and the authorities began with their report on the demolition of citizens' homes in the Shohmansur district. While the country's laws guarantee the inviolability of the person and property, how can the actions of the authorities in this district be assessed in this context?

Shokirjon Hakimov: The conflict of interests of certain limited circles, the potential exposure of their incompetence, and exceeding their official powers against public and state interests, as well as the publication of materials in social networks and other media, became the reason for the initiation of a criminal case. Of course, the extent to which there was a gross violation of the law should be determined by the court following established procedures. Such experience can be observed in countries that recognize the principle of separation of state power and judicial justice, where human and civil rights and freedoms are respected regardless of social status, political views, and religious beliefs. In Tajikistan, other values and priorities, as well as objective and subjective factors, are at play. Therefore, we can only hope for the professional integrity and courage of the investigative authorities and the courts.

Oiina: Returning to the issue of the journalists' arrest, a few days ago, journalistic organizations in the country, citing evidence, called on the authorities to find and bring to justice those responsible for beating Daler Imomali. However, instead, the journalist himself was arrested. Why do you think this happened?

Shokirjon Hakimov: When necessary, the authorities can use charges against any person. However, I can confidently say that if these two journalists, like the vast majority of their colleagues, had been engaged in their usual work without raising critical social issues, they would not have found themselves in such an unfavorable situation. The very nature of the topics they chose and their attempts to involve government authorities at various levels in addressing land-related problems of citizens and their associations caused concern among officials. They deemed it appropriate to agree among themselves and lower the role and mission of journalists as a serious tool of public oversight and a shaper of public opinion, making the country's information environment uncompetitive.

Oiina: In Tajikistan, first, so to speak, the "mouths" of political parties were shut, then experts "left" the media, meaning no one wants to speak, and now it has come to the journalists themselves. Aren't these all links in a chain to strangle democracy in Tajikistan, or am I mistaken?

Shokirjon Hakimov: Another aspect of the issue is that, as the saying goes, the other side wanted to find a solution in this way. Otherwise, when the case is substantively reviewed in the judicial system, the legal status of the plaintiff and the defendant might have changed.

Oiina: How do you assess the prospects of the situation?

Shokirjon Hakimov: If balance is not maintained in the system of socio-political, economic, and cultural relations, it will not only undermine the understanding and sense of responsibility for governance but also create favorable conditions for the dominance of selfishness, authoritarianism, and other negative manifestations.

Without a doubt, this situation is not in the national interest, and therefore we must gradually strive to have a democratic, lawful, successful, and modern political regime. Significantly improving the standard and quality of living for citizens, increasing the state's reputation as a guarantee for attracting foreign investment, and restoring and expanding relationships in all areas also depend on the observance and implementation of these principles.

Oiina: Thank you.