Journalistic NGO’s of Kazakhstan reach decriminalization of libel
19 may 2010
Open Letter
To Deputies of Majilis and Senate of Parliament of Republic of Kazakhstan
and
Members of Commission of Human Rights under President of Republic of Kazakhstan
Dear Fellow-Citizens!
Non-governmental journalistic organizations of Kazakhstan made legal proposals during last years. Defamation disputes should be solved not in criminal, but in civil order. However, these proposals were ignored. Decriminalization of libel and slander was not included in National Program of Actions of Human Rights for 2009-2012. Secretary of Commission of Human Rights under President of the Republic of Kazakhstan Tastemir Abishev explained that other representatives of non-governmental organizations of the Republic of Kazakhstan and President of Foundation “Transparency Kazakhstan” V. Voronov have been against it.
Member of Commission of Human Rights Vitaliy Voronov said that it was necessary preservation of criminal responsibility for libel in concrete cases with grave consequences. He said about it at first session of Advisory Council under Ministry of Foreign Affairs of the Republic of Kazakhstan on May 04, 2010. Vitaliy Voronov gave an example from his judicial practice of Post-Soviet period. A person under investigation made suicide from critical publication in press. Decriminalization of libel and slander was gone out of National Program of Actions of Human Rights for 2009-2012.
It was necessary to explain position, concerning arguments and in issues of responsibility for defamation.
First, there was a responsibility for incitement to suicide in law of the Republic of Kazakhstan. Second, former investigative officer has said that there was only a version that article in the newspaper caused suicide of arrested person.
Aspects of keeping of equal personal non-property rights and right for freedom of speech and responsibility for their professional activity, concerned journalistic community and people, who had right for free getting and distribution of information; expression of ideas and opinions according to Constitution of the Republic of Kazakhstan. It was impossible to hold to opinion of only authority person.
Criminal responsibility for defamation in mass media is one of the serious embarrassment during concrete maintenance of constitutional principle of freedom of speech. Decriminalization of libel and slander has been from International Treaty for Civil and Political Rights, which was ratified by Kazakhstan; Aarhus Convention and Principles of the OSCE in Europe. There were twenty-six recommendations for Report of Kazakhstan on Universal Periodical Review in Council of Human Rights of UN; ten of them were concerned improvement of the situation with freedom of speech and in particular, decriminalization of libel and slander.
The responsibility for defamation has been unamended as a protection of honor and dignity. In 2008 attempts of Ministry of Internal Affairs to make liberalization of defamation legislation were failed. General Prosecutor's Office made proposals for new edition of Criminal Code of the Republic of Kazakhstan. It was considered in Majilis of Parliament of the Republic of Kazakhstan; articles 129 and 130 have been unchangeable.
Experts of the OSCE pointed out that authorized persons violated laws in many countries provided criminal punishment for distribution of information, discredited honor and dignity with purpose of restriction of criticism and suppression of public disputes. There were three charges with libel in 2009. Accused persons were sentenced to imprisonment. They criticized actions of regional akims during keeping within theirs' authority.
Qualified betrayal of libel has been a intent. It was examined in one of ten criminal cases, opened against journalists under article 129 of Criminal Code of the Republic of Kazakhstan last year. Articles 129 and 130of Criminal Code of the Republic of Kazakhstan were used as private claim by state officials during protection from critical publications, discredited honor, dignity and business reputation.
Civil law of Kazakhstan had concrete tools for protection of personal non-property rights and recovery as moral damage. There was a criminal responsibility for defamation in country-chairman of the OSCE. It was nonsense. Parliament of kazakhstan should focus on decriminalization of responsibility for defamation. Commission of Human Rights under President of the Republic of Kazakhstan should render assistance to it.
Chairman of Union of Journalists of Kazakhstan
S. Matayev.
President of International Foundation for Protection of Freedom of Speech “Adil Soz”
T. Kaleyeva.
Head of Public Foundation “North Kazakhstan Legal Media Center” (Astana)
Diana Okremova.
National Association of Television Broadcasters of Kazakhstan
Sholpan Zhaksybayeva.
Public Association “TV-Batys-Info” (Atyrau)
Victoria Li.
Public Foundation “Adil Arka” (Petropavlovsk)
Zaure Zhumalieva.
Chairman of North Kazakhsan Branch of Union of Journalists of the Republic of Kazakhstan
Galina Vorobyeva.
Director of Public Foundation “Alliance of Regional Mass Media of Astana and Akmola Oblast” (Astana)
Mira Seitova.
Director of International Center of Journalism MediaNet
Vyacheslav Abramov.
Vice President of Public Association “Club of Chief Editors”
Mirbulat Kunbayev.
To Deputies of Majilis and Senate of Parliament of Republic of Kazakhstan
and
Members of Commission of Human Rights under President of Republic of Kazakhstan
Dear Fellow-Citizens!
Non-governmental journalistic organizations of Kazakhstan made legal proposals during last years. Defamation disputes should be solved not in criminal, but in civil order. However, these proposals were ignored. Decriminalization of libel and slander was not included in National Program of Actions of Human Rights for 2009-2012. Secretary of Commission of Human Rights under President of the Republic of Kazakhstan Tastemir Abishev explained that other representatives of non-governmental organizations of the Republic of Kazakhstan and President of Foundation “Transparency Kazakhstan” V. Voronov have been against it.
Member of Commission of Human Rights Vitaliy Voronov said that it was necessary preservation of criminal responsibility for libel in concrete cases with grave consequences. He said about it at first session of Advisory Council under Ministry of Foreign Affairs of the Republic of Kazakhstan on May 04, 2010. Vitaliy Voronov gave an example from his judicial practice of Post-Soviet period. A person under investigation made suicide from critical publication in press. Decriminalization of libel and slander was gone out of National Program of Actions of Human Rights for 2009-2012.
It was necessary to explain position, concerning arguments and in issues of responsibility for defamation.
First, there was a responsibility for incitement to suicide in law of the Republic of Kazakhstan. Second, former investigative officer has said that there was only a version that article in the newspaper caused suicide of arrested person.
Aspects of keeping of equal personal non-property rights and right for freedom of speech and responsibility for their professional activity, concerned journalistic community and people, who had right for free getting and distribution of information; expression of ideas and opinions according to Constitution of the Republic of Kazakhstan. It was impossible to hold to opinion of only authority person.
Criminal responsibility for defamation in mass media is one of the serious embarrassment during concrete maintenance of constitutional principle of freedom of speech. Decriminalization of libel and slander has been from International Treaty for Civil and Political Rights, which was ratified by Kazakhstan; Aarhus Convention and Principles of the OSCE in Europe. There were twenty-six recommendations for Report of Kazakhstan on Universal Periodical Review in Council of Human Rights of UN; ten of them were concerned improvement of the situation with freedom of speech and in particular, decriminalization of libel and slander.
The responsibility for defamation has been unamended as a protection of honor and dignity. In 2008 attempts of Ministry of Internal Affairs to make liberalization of defamation legislation were failed. General Prosecutor's Office made proposals for new edition of Criminal Code of the Republic of Kazakhstan. It was considered in Majilis of Parliament of the Republic of Kazakhstan; articles 129 and 130 have been unchangeable.
Experts of the OSCE pointed out that authorized persons violated laws in many countries provided criminal punishment for distribution of information, discredited honor and dignity with purpose of restriction of criticism and suppression of public disputes. There were three charges with libel in 2009. Accused persons were sentenced to imprisonment. They criticized actions of regional akims during keeping within theirs' authority.
Qualified betrayal of libel has been a intent. It was examined in one of ten criminal cases, opened against journalists under article 129 of Criminal Code of the Republic of Kazakhstan last year. Articles 129 and 130of Criminal Code of the Republic of Kazakhstan were used as private claim by state officials during protection from critical publications, discredited honor, dignity and business reputation.
Civil law of Kazakhstan had concrete tools for protection of personal non-property rights and recovery as moral damage. There was a criminal responsibility for defamation in country-chairman of the OSCE. It was nonsense. Parliament of kazakhstan should focus on decriminalization of responsibility for defamation. Commission of Human Rights under President of the Republic of Kazakhstan should render assistance to it.
Chairman of Union of Journalists of Kazakhstan
S. Matayev.
President of International Foundation for Protection of Freedom of Speech “Adil Soz”
T. Kaleyeva.
Head of Public Foundation “North Kazakhstan Legal Media Center” (Astana)
Diana Okremova.
National Association of Television Broadcasters of Kazakhstan
Sholpan Zhaksybayeva.
Public Association “TV-Batys-Info” (Atyrau)
Victoria Li.
Public Foundation “Adil Arka” (Petropavlovsk)
Zaure Zhumalieva.
Chairman of North Kazakhsan Branch of Union of Journalists of the Republic of Kazakhstan
Galina Vorobyeva.
Director of Public Foundation “Alliance of Regional Mass Media of Astana and Akmola Oblast” (Astana)
Mira Seitova.
Director of International Center of Journalism MediaNet
Vyacheslav Abramov.
Vice President of Public Association “Club of Chief Editors”
Mirbulat Kunbayev.
