Statement of Coalition "20th Article" on Restriction of Right of Citizens to Freedom of Speech in New Draft of Criminal Code of Republic of Kazakhstan
25 january 2013
January 25, 2013
During 2012, the general public has discussed Conception of new edition of Criminal Code. It had information on necessity of liberalization and humanization; on priority and inherence of natural rights and human freedoms as high value which protected by a law", it was necessary to release from unjustified restrictions the creative potential of person. The General Prosecutor's Office of the Republic of Kazakhstan which had been at the head of working group, all proposals of ministries and agencies were sent to there, it proposed the punishment for libel to convict up to 60 days of arrest, referred to recommendations of the Commission for Human Rights under President of the Republic of Kazakhstan and international public organizations.
Who and why the draft was subjected to cardinal revision, most probably the general public would not know. The new document was promulgated in January 2013, it was an output of this revision.
In despite of stated goal – "increasing the level of protection of rights and freedoms of citizens", contrary to international obligations of Kazakhstan and against all expectations of the public, new draft of Criminal Code severely restricts the right of Kazakhstan people to freedom of expression, free receiving an distribution of information.
There are new terms of imprisonment and wasteful fines (article 129 of draft) which are added to existing system of punishment. Contrary to statement of Committee of the United Nations for Human Rights (in particular, Kazakhstan has become a member of Committee of the United Nations for Human Rights in 2012), "law had not establish more cruel measures of punishment,exceptionally in connection with position of person, whose reputation was discredited supposedly"; in draft, there is a ranking of punishment for prejudice of reputation of representatives of authority and officials (articles 381, 382, 384, 419). Tough sanctions for violation of privacy are toughened; there is no concrete definition of "private life" (article 146) in national legal system.
There is a ban on incitement of enmity by estates classification signs under pain of multiyear imprisonment, but classes in Kazakhstan disappeared with period of tsarist Russia (article 181) and deal with illegal content in Internet it is proposed with the help of censorship (article 219).
The actions are transferred to category of criminally punishable acts. At present time, they are qualified as administrative violations.
We think, that proposed norms roughly violate article 20 of Constitution of the Republic of Kazakhstan, they disable freedom of speech and creation, interfere to public control over activity of state bodies and fight against corruption, minimize freedom of expression and public discussions.
We would remind you that, according to resolution of the United Nations General Assembly № 59 (I), "Freedom of information is a fundamental human right and criterion of all some freedoms" we propose:
1. To decriminalize libel and insult,
2. To concretize the bounds for protection of private life,
3. To implement in new Criminal Code of the Republic of Kazakhstan the principle of equality of everyone, before law and court,
4. To specify criterion of incitement of social enmity,
5. To ensure a wide public discussion of draft on all stages of its improvement.
January 25, 2013
_____________________
The Coalition "20th Article" was established by non-governmental organizations of Kazakhstan, it aimed at reformation of information legislation, according to article 20 of Constitution of the Republic of Kazakhstan and international principles of freedom of speech.
The Coalition "20th Article" consists of members of non-governmental organizations: "Adil Arka", "Adil Soz", "Batys-Info", "Internews-Kazakhstan", Public Foundation "Charter for Human Rights", Kazakhstan International Bureau For Human Rights and Rule of Law, "MediaNet", "Мinber", National Association of Television and Radio Broadcasters of Kazakhstan, North Kazakhstan Legal Media Center, Union of Journalists of Kazakhstan, "Tilshi".
The following information was posted on the website of International Foundation for Protection of Freedom of Speech "Adil Soz":
Proposals of the Coalition "20th Article" of non-governmental organizations of Kazakhstan to new draft of Criminal Code of the Republic of Kazakhstan.
Concept note to proposals of the Coalition "20th Article" to draft of Criminal Code of the Republic of Kazakhstan.
During 2012, the general public has discussed Conception of new edition of Criminal Code. It had information on necessity of liberalization and humanization; on priority and inherence of natural rights and human freedoms as high value which protected by a law", it was necessary to release from unjustified restrictions the creative potential of person. The General Prosecutor's Office of the Republic of Kazakhstan which had been at the head of working group, all proposals of ministries and agencies were sent to there, it proposed the punishment for libel to convict up to 60 days of arrest, referred to recommendations of the Commission for Human Rights under President of the Republic of Kazakhstan and international public organizations.
Who and why the draft was subjected to cardinal revision, most probably the general public would not know. The new document was promulgated in January 2013, it was an output of this revision.
In despite of stated goal – "increasing the level of protection of rights and freedoms of citizens", contrary to international obligations of Kazakhstan and against all expectations of the public, new draft of Criminal Code severely restricts the right of Kazakhstan people to freedom of expression, free receiving an distribution of information.
There are new terms of imprisonment and wasteful fines (article 129 of draft) which are added to existing system of punishment. Contrary to statement of Committee of the United Nations for Human Rights (in particular, Kazakhstan has become a member of Committee of the United Nations for Human Rights in 2012), "law had not establish more cruel measures of punishment,exceptionally in connection with position of person, whose reputation was discredited supposedly"; in draft, there is a ranking of punishment for prejudice of reputation of representatives of authority and officials (articles 381, 382, 384, 419). Tough sanctions for violation of privacy are toughened; there is no concrete definition of "private life" (article 146) in national legal system.
There is a ban on incitement of enmity by estates classification signs under pain of multiyear imprisonment, but classes in Kazakhstan disappeared with period of tsarist Russia (article 181) and deal with illegal content in Internet it is proposed with the help of censorship (article 219).
The actions are transferred to category of criminally punishable acts. At present time, they are qualified as administrative violations.
We think, that proposed norms roughly violate article 20 of Constitution of the Republic of Kazakhstan, they disable freedom of speech and creation, interfere to public control over activity of state bodies and fight against corruption, minimize freedom of expression and public discussions.
We would remind you that, according to resolution of the United Nations General Assembly № 59 (I), "Freedom of information is a fundamental human right and criterion of all some freedoms" we propose:
1. To decriminalize libel and insult,
2. To concretize the bounds for protection of private life,
3. To implement in new Criminal Code of the Republic of Kazakhstan the principle of equality of everyone, before law and court,
4. To specify criterion of incitement of social enmity,
5. To ensure a wide public discussion of draft on all stages of its improvement.
January 25, 2013
_____________________
The Coalition "20th Article" was established by non-governmental organizations of Kazakhstan, it aimed at reformation of information legislation, according to article 20 of Constitution of the Republic of Kazakhstan and international principles of freedom of speech.
The Coalition "20th Article" consists of members of non-governmental organizations: "Adil Arka", "Adil Soz", "Batys-Info", "Internews-Kazakhstan", Public Foundation "Charter for Human Rights", Kazakhstan International Bureau For Human Rights and Rule of Law, "MediaNet", "Мinber", National Association of Television and Radio Broadcasters of Kazakhstan, North Kazakhstan Legal Media Center, Union of Journalists of Kazakhstan, "Tilshi".
The following information was posted on the website of International Foundation for Protection of Freedom of Speech "Adil Soz":
Proposals of the Coalition "20th Article" of non-governmental organizations of Kazakhstan to new draft of Criminal Code of the Republic of Kazakhstan.
Concept note to proposals of the Coalition "20th Article" to draft of Criminal Code of the Republic of Kazakhstan.
