government's policy of encouraging equality and the friendly co-existence of all nationalities. Mr.
Mavlonov reviewed all publications prior to their release for compliance with the law. FN6
Additionally, each of "Oina's" issues had been subjected to prior censorship by the representative of
the Office of the Chief of State Press Committee's State Secrets Inspectorate. The same Office's
representative, who had previously approved the publications in question, was in fact one of the
members of the commission under the Samarkand regional Administration Press Department that
made the decision not to re-register "Oina".
---------------------------------------------------------------------------------------------------------------------FN6
Newspapers cleared for publication were given an official stamp; those without stamps were
prohibited from being published.
--------------------------------------------------------------------------------------------------------------------2.8 Mr. Mavlonov filed suit on behalf of "Oina" to challenge the Press Department decision in the
Temiryul Inter-district Civil Court. On 17 September 2001, the court dismissed the case due to lack of
jurisdiction and instructed Mr. Mavlonov to bring his suit to the economic court. Mr. Mavlonov
proceeded to the Samarkand Regional Economic Court on behalf of "Oina", which was replaced by
"Simo" during the hearing. In court, he challenged the decision of the Samarkand Regional
Administration Press Department of 28 March 2001. On 20 November 2001, this court held that
"Oina" was in fact required to re-register, as this requirement was triggered by a founder's opt-out.
However, the court ordered the Press Department to register "Oina" within one month, as well as
reimbursing it for court fees and related expenses. The Press Department appealed.
2.9 On 20 December 2001 a three-judge appellate panel of the Samarkand Regional Economic Court
affirmed that in conformity with article 48 of the Economic Procedure Code, in the case of a change
in a party to the proceedings, an examination of the case should start anew. On this basis, the court
repealed the decision requiring the re-registration of "Oina". "Simo" appealed to the Higher Economic
Court for cassation review.
2.10 The Higher Economic Court upheld the decision of the regional court, but on a different basis. It
held, in particular, that the economic court system did not have subject-matter jurisdiction because
under article 11 of the Law "On Mass Media", registration decisions are to be appealed only to the
civil courts by the founders or by the editorial board.
2.11 Mr. Mavlonov returned to the Temiryul Inter-district Civil Court where he had begun, but this
time as plaintiff himself. He complained, inter alia, about the arbitrary decisions taken by the Head of
the Press Department, who required Mr. Mavlonov to find an additional founder for "Oina" after the
first opt-out, despite the fact that under paragraph 4 of the annex to Resolution No. 160, a mass media
entity could be registered even with just one founder. A decision was rendered on 27 May 2002. The
inter-district court noted a new allegation by the Press Department that "Simo"'s financial situation
was insecure; it also prominently noted remarks by the Press Department that Mr. Mavlonov was 'not
a qualified journalist by education'. The court held, firstly, that under the authority of paragraph 9 of
Resolution No. 160, the founder's opt-out did indeed trigger a new obligation on "Oina" to re-register.
Secondly, it upheld the Press Department's denial of the re-registration application. In so doing, it did
not advert to any alleged violations of article 6 of the Law "On Mass Media". The basis for its
holding, instead, was that there were shortcomings in the re-registration application: specifically, that
the date of the newspaper's statute did not correspond with the date of its adoption; four pages of
"Simo"'s statutes were missing; and the surname of "Simo"'s director was inaccurate.
2.12 Mr. Mavlonov appealed to the Samarkand Regional Civil Court, which delivered its judgment on
28 June 2002, affirming the decision of the inter-district court. After repeating the technical
requirements for registration as set forth in Resolution No. 160 at paragraph 4, the court wrote: 'Based
on these Regulation requirements and the law "On Mass Media", the newspaper's activity was not
compliant with its aims and was contrary to the law, which was correctly mentioned' by the Press