Usmonov was arrested in Tajikistan on 13 June. Having been held incommunicado for over a week, he has now been formally charged with association with an extremist organisation.

Whilst Mr Usmonov has reported on the judicial trials and activities of the Hizbi Tahrir party in Tajikistan, at the request of the BBC, the corporation has stated that the charges against him are completely unfounded.

Journalist beaten
English PEN and the British Broadcasting Corporation (BBC) condemn the reported beating of Usmonov and the denial of his right to access a lawyer. English PEN calls for an open and impartial investigation in to the charges against Usmonov, who is accused of membership of the banned Islamic movement Hizb ut-Tahrir and of seeking to recruit members to the group via the internet.

Usmonov has been a reporter for the BBC Central Asian Service for the last ten years. He was reported missing when he failed to return to his family home in the Northern Tajikistani town of Khujand on 13 June 2011. He appeared at his family home the following day, 14 June, accompanied by members of the Tajik security services. They told his family that Usmonov had been arrested, and conducted a search of the house.

It was reported that Usmonov had injuries which suggested that he had been beaten and that he had difficulty walking during this search. Usmonov’s son Oybek said that although the police conducted a thorough search of the house they did not take anything away. The family is further concerned about Usmonov’s health as he suffers from diabetes and high blood pressure.

Right to access a lawyer denied
Usmonov’s lawyer, Fayziniso Vohidova, said that an arrest warrant was signed by the court on 15 June and that the journalist could legally be held in detention for two months. She reported that she has been denied access to her client.

Fayziniso Vohidova told RFE/RL that she spent all day waiting for an investigator to give her official permission to meet with Usmonov. She said the investigator did not appear and his colleagues told her he is busy with other criminal cases and would not be in the office until June 20.

Vohidova said the authorities confirmed that Usmonov is accused of membership in the banned Islamic movement of Hizb ut-Tahrir. She said that he could be legally kept in detention for two months.

Investigators in the case said Usmonov has rejected the help of a lawyer and that is why the investigation made some “judicial procedures” without the presence of a lawyer for him.

 Vohidova noted her conversation with Usmonov’s relatives, who said when an investigator brought the detained journalist to his home to conduct a search they saw wounds on his body.

 She said that if the claim by the relatives is true and that Usmonov’s rejection of a lawyer was made under pressure, then it is possible that investigators are delaying for time so that Usmonov’s injuries will heal.

BBC rejects charges against Usmonov
In a statement, the BBC rejected the charges against Usmonov, asserting that “Whilst Mr. Usmonov has reported on the judicial trials and activities of the Hizbi Tahrir party in Tajikistan at the request of the BBC, the BBC has no reason to believe these allegations”.

English PEN calls to send letters of appeal to the authorities in Tajikstan urging for a fair and impartial investigation into the accusations against Mr. Usmonov, demanding that he be given full access to his lawyer, condemning the reported beating of Usmonov and calling for the authorities to investigate these claims and to ensure that his other health needs are fully attended to.

Since his arrest, Usmonov had been in the custody of Tajikistan’s Committee for National Security, but was transferred on 22 June to a pretrial detention facility in Khujand, Radio Ozodi reported.

On 22 June, BBC journalists held a vigil in London for the journalist. The British Embassy in Tajikistan also expressed concerns over Usmonov’s arrest and possible mistreatment, and urged Tajik authorities to respect press freedom, according to the BBC.

Draft Mass Media Law
Usmonov’s case shows that more efforts should be put to ensure freedom of expression in the country. This week London based human rights organisation Article 19 has released analysis on the Draft Law on Mass Media of Tajikistan. Article 19 calls on the Tajikistan Parliament to incorporate the comments to the final version of the law.

The analysis assesses the law for its compliance with international standards on freedom of expression and offers detail recommendations how it should be improved.

The Draft Law intends to replace the current 1990 Law on Press and Other Mass Media that Article 19 has repeatedly criticised. It is intended to establish the legal framework of mass media governance and activities, in addition to regulating the relations between the State and the media.

Article 19 highlights that the Draft Law contains a number of positive features, including a proclamation of mass media freedom, a ban on censorship and persecution for criticism, protection of the rights of journalists and a rule requiring provisions in the Media Law to comply with international treaties applicable to Tajikistan.

Article 19 also comments positively on the fact that regulation of Internet-based media and social media are outside the scope of the draft Law.

Draft Law should be improved
At the same time, Article 19 finds that the Draft Law includes a number of provisions which are in breach of international free speech standards and other provisions which, while not necessarily formally in breach of international law, are unnecessary or could be improved.

These include obligation to register mass media with administrative bodies, several overbroad restrictions on media freedom, weak provisions on protection of journalistic sources, restrictive provisions on right to information and problematic provisions on journalists’ “responsibilities”.