Regional social and political newspaper "Marsho" is issued in Urus-Martan with the approximate periodicity of two weeks. The newspaper is registered at the Ministry of the RF for the Affairs of Printing, TV and Radio Broadcasting, and Mass Media. The newspaper is not finance by any body of power. The editor of the newspaper S. Khodzhaliev applied in May to the head of the territorial (Chechen Republic) department of the Ministry for the Affairs of Printing, TV and Radio Broadcasting, and Mass Media, Ya. Akhmadov, with a request for a financial assistance to the newspaper and giving automobile transport to the editorial board. The request was not satisfied. The newspaper received no assistance from the authorities.

At the same time on June 9 the commandant of Urus-Martan region general major Yu. A. Naumov appeared on the local TV ("Memorial has a copy of this presentation). He raised claims against the newspaper.

This is the part of his presentation which is related to the newspaper "Marsho":

"I did not expect from our newspaper "Marsho" the publication of some materials which are found in it. Today the editor of the newspaper was called, true, not to me but to the administration, in order to verify what is the position of the editor - in - chief of the newspaper. I sent colonel Kravchuck there.

It turned out that the editor does not write about what is being created, about the fact that we have light, water, the schools, hospitals are working. He writes about some clashes at block posts, about some bombardments in October, about some shootings. Not a single word is mentioned about the fact that during that period from October-November the power has been restored here, local self-management bodies are working, other structures are being restored, economy is being restored, agriculture is being restored. There is no single word about that. But there are materials about some unclear clashes at block posts. They are so beautifully described.

I warned him through colonel Kravchuck about non-permissibility of that. If he does not understand, he will be immediately removed from his post. Immediately released!

Yes, we live not in the conditions of freedom of press and worship, as he said. He said that there is a law "On Mass Media". I know it without him that there is such a law. But each correspondent, each journalist is responsible for the material that he has, that he brings down to the inhabitants, to the citizens of the Russian Federation. And the distortion of the facts, or one-sided reflection of them in the materials, characterises a person to whom it belongs.

That is why all the materials which are prepared for publication by the newspaper "Marsho"- control copies, were ordered to be brought here, and brought to the administration.

We live in the conditions of an extraordinary situation, military conflict in conducting anti-terrorist operation. And publication of such, so to say, anti military materials, is not permissible. Not permissible!

I warned also the chief of the administration and other authorities."

Analysing the presentation of the general it is possible to make at least two conclusions.

First, the commandant of Urus-Martan region is rudely violating the Russian legislation. He violated not only the RF Law "On Mass Media", but also the Constitution of Russia, and the RF Law "On Extraordinary Situation" (although some provisions of this law are out of date, it continues to function in the part, that does not contradict to the RF Constitution.

General major Yu. A. Naumov wilfully misappropriated the powers that could be given to him by a special decree on the introduction of the extraordinary position. As is known, the extraordinary position was not introduced in the territory of Chechen Republic.

The Constitution of the RF permits the restriction of the constitutional right of a citizen of Russia to "freely search for. obtain, transfer, produce and disseminate information by any lawful way" only in the conditions of the declared extraordinary position.

Making public statements: "Yes, we live not in the conditions of the freedom of press and worship. .... We live in the conditions of the extraordinary position", and on this basis interfering with a free dissemination of information by the newspaper "Marsho", general Naumov performs actions, falling under two articles of the Criminal code of the RF - 144 ("Interfering with a lawful professional activity of journalists") and 286 ("Exceeding powers").*

The Law "On Mass Media" does not allow censorship. It imposes upon journalists a responsibility for the abuse of the freedom of mass information and gives to an authority (in this case commandant) the possibility to put an end to such an abuse - by applying to court.

In any civilised state, where the "dictate of the law" is performed by business, and not by words, general Naumov would be immediately brought to criminal responsibility, and as a minimum, he would be deprived of the possibility to command other people for a long period of time.

Second, general Naumov, when he speaks about the contents of the materials, placed in the newspaper 'Marsh" is directly distorting the facts.

"Memorial" has all ten numbers of "Marsho", published in 2000. And almost each of them is opened with an article either about the activity of the bodies of power of Chechen Republic, Urus-Martan, or an interview with the authorities. We shall list only some of the headings:

"Life returns to the city", "Present for a tractor driver", "Assistance of suppers", "Turning point"(About success of the Federal forces in Grozny) - in the first number; "I would like to point out : Koshman helped to the city" (interview of the chief of the administration of the city of Urus-Martan), "Normal joint work goes on" (interview of the chief of Urus-Martan regional Department of Interior) - second number; "Koshman in Urus Martan", "We have to determine how to live further" (interview with the chief of administration of Urus-Martan region) - third number; etc., etc. In two numbers printed were big interviews with the mufti of Chechnya (now the chief of the administration of the republic) Kadyrov.

But obviously it is not sufficient for the commandant. The general would like to see the press in the region that is entrusted to him as completely servant, lying at his feet. He cannot subdue himself with a possibility of appearance of critical materials in the newspaper.

But in "Marsho" sometimes appeared the narration of residents of Cechnya about awful bombardments, which they survived in the course of military hostilities. Besides in the seventh number there were three materials about incidents that happened in May, when federal military men were causing violence to peaceful population. That were these materials that overfilled general Naumov's patience.

About what are these materials? They are about the things about which many people of Chechnya are speaking about.

They are about the fact that on May 16 military men a car for fired upon at close range, its passengers were cruelly killed and a woman raped. About beating at one block post, about how a BTR smashed a passenger car at the other block post.

How should the commandant react when the newspaper informs him about enormities happening in his region?

Probably he should do his best to check these facts, crimes, if they occurred, investigated and those guilty punished. If the facts were not confirmed it would be necessary to tell honestly and in detail to the residents of Urus - Martan region about that and only after that to try in the framework of the law to achieve that the newspaper printed only checked information.

But the commandant chooses a different way, which is probably more customary to him. And by that he publicly showed to those whose interests he is called to defend, that they should not hope for an honest investigation of crimes, for the protection from arbitrariness and enormities.

For the time being the editor of the newspaper "Marsho" refuses to execute an illegal demand of the commandant of Urus-Martan region. The tenth number of the time being remains the last one.

According to part 1 article 186 of the Criminal Code of the RF, "conducting by an official person of actions going beyond his authorities and causing an essential violation of rights and lawful interests of citizens or organisations or interests protected by the law interests of the society or state, - is punished by a penalty amounting to from hundred to two hundred minimum remuneration for labour... or is deprived of the right to occupy certain posts or be engaged in certain activity for the period of up to five years, or is arrested for the term of up to six months, or imprisoned for the term of four years.