CCPR/C/95/D/1334/2004
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Uzbekistan at the time of submission of the communication. 1 They claim to be victims of
violations by Uzbekistan 2 of their rights under article 19 and article 27, read together with article
2, of the International Covenant on Civil and Political Rights. They are represented by counsel,
Mr. Morris Lipson and Mr. Peter Noorlander, lawyers employed by the non-governmental
organization “Article 19”.
Factual background
The case of Mr. Mavlonov
2.1 Mr. Mavlonov is the editor of the newspaper “Oina” and Mr. Sa’di is a regular reader of
the same newspaper. “Oina” was published almost exclusively in the Tajik language, principally
for a Tajik audience. It was the only non-governmental Tajik-language publication in the
Samarkand region of Uzbekistan. Issues of “Oina” were published bi-weekly, and were
distributed to dozens of schools that use Tajik as the language of instruction. Each such school
received between 25 and 100 copies. In addition to the schools, “Oina” had approximately 3000
subscribers, and approximately 1000 copies of the newspapers were sold by street vendors.
2.2 Consistent with the goals of its statutes, “Oina” published articles containing educational
and other materials for Tajik-language students and young persons, to assist in their education, to
promote a spirit of tolerance and a respect for human values, and to assist in their intellectual and
cultural development. In addition to publishing reports on events and matters of cultural interest
to this readership (including interviews with prominent Tajik personalities), the newspaper
published samples of students’ work. It also detailed particular difficulties facing the continued
provision of education to Tajik youth in their own language, including shortages of Tajiklanguage textbooks, low wages for teachers and the forced opening of classes using Uzbek as the
language of instruction in some schools where Tajik had previously been the only language of
instruction.
2.3 “Oina” was initially registered on 8 November 1999. Its founders were the private firm
“Kamol”, the Samarkand City Bogishamal District Administration and Mr. Mavlonov, as an
editor. In the spring of 2000, the private firm “Kamol” and the Samarkand City Bogishamal
District Administration opted out as “Oina’s” founders. In accordance with the Uzbek Law “On
Mass Media” of 26 December 1997 3 and applicable regulations, it was required that the
newspaper re-register. On an unspecified date, “Oina” applied for re-registration, with a public
entity, the “Kamolot” Foundation’s Samarkand City branch, and “Simo”, a private firm formed
1
On 15 November 2006, the counsel informed the Committee that in the period since the
communication was submitted Mr. Mavlonov has had to flee Uzbekistan.
2
The Optional Protocol entered into force for the State party on 28 December 1995.
3
The relevant part of article 13 of the Law “On Mass Media” reads: ‘The application for
registration of the mass media organization should specify its: 1. Founder(s); 2. Name, working
language(s), and legal address; 3. Aims and tasks; 4. Supposed readership (viewership, audience);
5. Supposed periodicity of publication or broadcast, volume of the publication, sources of
funding, material and technical supply. If the said data change, the mass media is obliged to reregister according to existing procedures. If these changes are not essential, the registration entity
could make a decision that it is not necessary to re-register this mass media organization.’