On April 10 the order issued by the Turkmen president pertaining to dismissing the head of the television channel “Sports” Yuldashgeldy Khanalyev was published in Turkmen media outlets.
The editorial board of the Chronicles of Turkmenistan believes that the aforementioned provision violates the law on mass media and contacted the chairperson of Turkmenistan’s Association of Independent Lawyers Timur Misrikhanov for explanation. Below is his comment:
Pursuant to article 16, clause 3 of Turkmenistan’s Law “On mass media” “The editorial office is run by the editor-in-chief (depending on the form of the media outlet a job title may be have a different name), which will exercise his authority based on the present law, the charter of the editorial office, and the agreement between a founder and the editorial office. The editor-in-chief is appointed by or relieved from his post by a founder of a media outlet or elected and relieved from his post as envisaged by the charter of the editorial office”.
The television channel “Sports” was founded by Turkmenistan’s State Committee for television, radio broadcasting and cinematography and not by the President of Turkmenistan.
Consequently, the President, who is not the founder of the aforementioned channel, is not authorized to appoint or dismiss a director (editor-in-chief).Pursuant to the Constitution and the “On the President”, the head of the state is entitled to issue decrees and orders but no mention of appointing and dismissing editors.
Thus, in this case, the President violated the provision of the law “On mass media”.
No Presidential decrees on dismissal of media outlet executives have been published since the adoption of the law on mass media (as of 22 December 2012).