Statement of encroachment on freedom of speech in Conception of Criminal Code of Republic of Kazakhstan
11 june 2012
June 11, 2012
New Conception of Criminal Code of the Republic of Kazakhstan was presented on June 07, 2012. It was connected with free obtaining and dissemination of information and right to freedom of speech.
"Ensuring of guarantees to immunity of person's dignity, privacy, personal and family secret; provision of constitutional rights to protection of their honor and dignity, secrecy of individual contribution and savings, correspondence, telephone conversation, post and telegraph and other messages, it exacted the necessity of re-consideration and strenghening of responsibility for relevant encroachment.
Therefore, new Criminal Code, under message of Conception' authors should maintain and toughen criminal responsibility for libel and insult.
Servicemen of International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan believed that these statutes contradicted to the Constitution of the Republic of Kazakhstan, International Covenant on Civil and Political Rights and Obligations of Kazakhstan, prior to Council of Human Rights of the United Nations.
It is inadmissible to consider the freedom of speech as a tool of criminal offence. It is not "externally useful effect" and it is inalinable human right. General Assembly of United Nations in 1946 has passed the resolution № 59 (I) in 1946. "Freedom of information is a fundamental human right and criteria of some freedoms. Article 19 of International Covenant on Civil and Political Rights, ("Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice"), ratified by Kazakhstan, has a priority before internal natonal laws, according to the Constitution of Kazakhstan.
We express our anxiety, that authors of the Conception insisted on strengthening of criminal responsibility for intrusion on people's privacy. Criminal Code of the Republic of Kazakhstan provides the imprisonment up to five years. It is too much. Is it necessary to equate the publication of bank account of an official with murder under aggravating circumstances?
Respecting right of a person to privacy, we think that the strengthening of legal measures of its protection should be made simultaneously with strengthening of right of the society to receiption of public important information. It is necessary to follow example of developed democratic countries and enter into system of law the term "public person"; critisism should be used much more with regard to representatives of state authority, otherwise the combating crime really will be "externally useful effect".
Articles, provided imprisonment for premiditated defamation should be defaulted in new version of Criminal Code. Honor and dignity – are terms of subjective and estimative nature, their protection should be fulfilled in civil order. President of Kazakhstan N. A. Nazarbayev said that Kazakhstan undertook by results of the consideration of Universal Periodical Report of United Nations Human Rights Council. New Criminal Code should protect human rights and freedoms in interest of the society, not only state officials, who fear the public control.
President of International Foundation of Freedom of Speech "Adil Soz"
T. Kaleyeva
Chairman of the Board of Union of Journalists of Kazakhstan
S. Matayev
New Conception of Criminal Code of the Republic of Kazakhstan was presented on June 07, 2012. It was connected with free obtaining and dissemination of information and right to freedom of speech.
"Ensuring of guarantees to immunity of person's dignity, privacy, personal and family secret; provision of constitutional rights to protection of their honor and dignity, secrecy of individual contribution and savings, correspondence, telephone conversation, post and telegraph and other messages, it exacted the necessity of re-consideration and strenghening of responsibility for relevant encroachment.
Therefore, new Criminal Code, under message of Conception' authors should maintain and toughen criminal responsibility for libel and insult.
Servicemen of International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan believed that these statutes contradicted to the Constitution of the Republic of Kazakhstan, International Covenant on Civil and Political Rights and Obligations of Kazakhstan, prior to Council of Human Rights of the United Nations.
It is inadmissible to consider the freedom of speech as a tool of criminal offence. It is not "externally useful effect" and it is inalinable human right. General Assembly of United Nations in 1946 has passed the resolution № 59 (I) in 1946. "Freedom of information is a fundamental human right and criteria of some freedoms. Article 19 of International Covenant on Civil and Political Rights, ("Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice"), ratified by Kazakhstan, has a priority before internal natonal laws, according to the Constitution of Kazakhstan.
We express our anxiety, that authors of the Conception insisted on strengthening of criminal responsibility for intrusion on people's privacy. Criminal Code of the Republic of Kazakhstan provides the imprisonment up to five years. It is too much. Is it necessary to equate the publication of bank account of an official with murder under aggravating circumstances?
Respecting right of a person to privacy, we think that the strengthening of legal measures of its protection should be made simultaneously with strengthening of right of the society to receiption of public important information. It is necessary to follow example of developed democratic countries and enter into system of law the term "public person"; critisism should be used much more with regard to representatives of state authority, otherwise the combating crime really will be "externally useful effect".
Articles, provided imprisonment for premiditated defamation should be defaulted in new version of Criminal Code. Honor and dignity – are terms of subjective and estimative nature, their protection should be fulfilled in civil order. President of Kazakhstan N. A. Nazarbayev said that Kazakhstan undertook by results of the consideration of Universal Periodical Report of United Nations Human Rights Council. New Criminal Code should protect human rights and freedoms in interest of the society, not only state officials, who fear the public control.
President of International Foundation of Freedom of Speech "Adil Soz"
T. Kaleyeva
Chairman of the Board of Union of Journalists of Kazakhstan
S. Matayev
