2002/2003 Yearbook of the OSCE Representative on Freedom of the Media

Page 247

refusal on the part of the journalist or the m edia outlet he/she represented at accreditation to offer apologies or publish a refutation of the m aterial w hich em ployed inform ation contradicting the actual events, as confirm ed by a legally valid court decision.” Indeed, according to the Law O n the State of Em ergency, dated 17 May 1991, journalists on professional duty m ay be lim ited in their rights. How ever, neither a state of em ergency nor m artial law has been declared on the territory of the Chechen Republic. O n the contrary, the Media Law, adopted on 27 Decem ber 1991, and referred to by the authors of the Rules, includes Article 48, w hich stipulates that the accrediting institution is to prom ote the w ork of journalists, not im pede it. The other tw o paragraphs of the Rules, concerning punishm ent for “distribution of calum nious inform ation concerning m ilitary personnel”, and the delegation of Sergei Yastrzhem bsky w ith the authority to punish those journalists found guilty, appear just as ridiculous and unlaw ful. In addition to the O ffice of Presidential Aide Yastrzhem bsky, an order issued by the Russian Defence Minister also created an inform ation centre, attached to the O perative Headquarters for Directing the Counter-Terrorist O peration in the Northern Caucasian Military District. Sergei Yastrzhem bsky w as appointed to oversee the activities of the centre, w hile Colonel General Valery Manilov becam e its m anager, w ith the respective heads of inform ation offices of the m inistries of Defence, Internal Affairs, Em ergencies, Justice, as w ell as the Federal Security Services, Federal State Border Services, and the Federal Agency for State Com m unications and Inform ation as his deputies. Alm ost im m ediately, Yastrzhem bsky com m enced his activities by evaluating those journalists the Krem lin considered “disagreeable”. O n 3 February 2000, he com m ented on the situation w ith Andrei Babitsky, stating that “the initiative for exchanging Babitsky for Russian m ilitary servicem en cam e from the Chechen ‘field com m anders’. Babitsky accepted the offer; thus, the Federal Centre and Russia’s leaders take no responsibility for the fate of this Radio Liberty correspondent.” O n 14 February 2000, Yastrzhem bsky declared that “the situation w ith the correspondent of the French Libération appears to be rather edifying, especially for foreign journalists.” Anne Nivat, the correspondent in question, had been detained by FSB operatives at a private hom e in Chechnya. O n 20 March 2000, the creation of a new, 20-person Inform ation Departm ent w ithin the Russian President’s O ffice w as announced. According to Yastrzhembsky, the “core of the department w ill comprise M ED IA SITUATIO N

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