Appeal of media non-governmental organizations concerning anti-constitutional proposals of Office of Prosecutor General of Republic of Kazakhstan
7 april 2014
April 07, 2014
On April 07, 2014 International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan have made an appeal to the Chairman of Majilis (Low Chamber) of Parliament of the Republic of Kazakhstan Kabibulla Dzhakupov and Prosecutor-General of the Republic of Kazakhstan Askhat Daulbayev, concerning anti-constitutional proposals of Office of Prosecutor General to a draft of Criminal Code of the Republic of Kazakhstan. We would like to suggest the text of this appeal for your attention and possible use:
"International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan express deep concern on the subject of position of Office of Prosecutor General of the Republic of Kazakhstan with regard to legislative restrictions of freedom of speech.
The Office of Prosecutor General of the Republic of Kazakhstan is an official developer of new draft of Criminal Code; it adopts tough stance for maintenance and extension of criminal responsibility for libel.
For this purpose, obligations of Kazakhstan in the sphere of freedom of expression are explained randomly; they spring from ratification of International Covenant on Civil and Political Rights. Samples of the international practice and domestic judicial practice are used selectively, position and arguments of the civil society is cut dead.
It is possible to explain the most last proposal of Office of Prosecutor General of the Republic of Kazakhstan, enact new article "Dissemination of Misleading Information into a draft of Criminal Code which provides the punishment of deprivation of liberty up to ten years as absolute intolerance of freedom of speech and incomprehension of the essence of this inherent right.
It is common knowledge, that information is subdivided into materials and opinions. The responsibility for dissemination of misleading information in other words statements of facts is provided by criminal and civil legislation of the country. So, Office of Prosecutor General of the Republic of Kazakhstan proposes to declare grave offence, dissemination of opinions: evaluations, viewes, prognoses, persuasions, presumptions and etc. It contradicts fundamental constitutional principles of Kazakhstan which helds itself out as democratic, secular, rule- of-law and social state.
We are strongly convince, that danger which can be caused by dissemination of rumours in democratic and secular state should be prevented and annuled by means of the fair provision of information and open dialogue with population and there are enough measures of the civil responsibility for protection of honour and dignity.
Developers of a draft of Criminal Code aspire to insure public order and stability, protect human rights with the help of danger of longtime imprisonment, if it is implemented it would throw back our country in totalitarian regime, in the era of fear and terror".
The appeal was signed by President of International Foundation for Protection of Freedom of Speech "Adil Soz" and Chairman of Board of Directors of Union of Journalists of Kazakhstan Seytkazy Matayev.
On April 07, 2014 International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan have made an appeal to the Chairman of Majilis (Low Chamber) of Parliament of the Republic of Kazakhstan Kabibulla Dzhakupov and Prosecutor-General of the Republic of Kazakhstan Askhat Daulbayev, concerning anti-constitutional proposals of Office of Prosecutor General to a draft of Criminal Code of the Republic of Kazakhstan. We would like to suggest the text of this appeal for your attention and possible use:
"International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan express deep concern on the subject of position of Office of Prosecutor General of the Republic of Kazakhstan with regard to legislative restrictions of freedom of speech.
The Office of Prosecutor General of the Republic of Kazakhstan is an official developer of new draft of Criminal Code; it adopts tough stance for maintenance and extension of criminal responsibility for libel.
For this purpose, obligations of Kazakhstan in the sphere of freedom of expression are explained randomly; they spring from ratification of International Covenant on Civil and Political Rights. Samples of the international practice and domestic judicial practice are used selectively, position and arguments of the civil society is cut dead.
It is possible to explain the most last proposal of Office of Prosecutor General of the Republic of Kazakhstan, enact new article "Dissemination of Misleading Information into a draft of Criminal Code which provides the punishment of deprivation of liberty up to ten years as absolute intolerance of freedom of speech and incomprehension of the essence of this inherent right.
It is common knowledge, that information is subdivided into materials and opinions. The responsibility for dissemination of misleading information in other words statements of facts is provided by criminal and civil legislation of the country. So, Office of Prosecutor General of the Republic of Kazakhstan proposes to declare grave offence, dissemination of opinions: evaluations, viewes, prognoses, persuasions, presumptions and etc. It contradicts fundamental constitutional principles of Kazakhstan which helds itself out as democratic, secular, rule- of-law and social state.
We are strongly convince, that danger which can be caused by dissemination of rumours in democratic and secular state should be prevented and annuled by means of the fair provision of information and open dialogue with population and there are enough measures of the civil responsibility for protection of honour and dignity.
Developers of a draft of Criminal Code aspire to insure public order and stability, protect human rights with the help of danger of longtime imprisonment, if it is implemented it would throw back our country in totalitarian regime, in the era of fear and terror".
The appeal was signed by President of International Foundation for Protection of Freedom of Speech "Adil Soz" and Chairman of Board of Directors of Union of Journalists of Kazakhstan Seytkazy Matayev.
