Prevent a witch hunt in a state of emergency

Prosecutor General of the Republic of Kazakhstan

G. Nurdauletov

Statement of the international Foundation for Protection of Freedom of Speech "Adil Soz"

The international Foundation for Protection of Freedom of Speech "Adil Soz" expresses serious concern about the emerging campaign of accusing journalists and civil activists of spreading false information committed under the state of emergency.

Article 274 of the Criminal code - "Dissemination of knowingly false information" - has long been subject to legitimate criticism for the uncertainty of the object of the crime – "a danger of violation of public order", "interests of citizens or organization or the interests of society or the state".

According to the results of the fourth Universal Periodic Review, Kazakhstan was again given recommendations "to protect the space for dissent by amending or repealing articles 174 and 274 of the Criminal code", "to refrain from using criminal provisions as tools for suppressing the expression of dissenting opinions". What is happening now can be understood just as the suppression of objectionable opinions by threats of imprisonment.  According to the Committee on legal statistics and special records of  General Prosecutor's office of the Republic of Kazakhstan only 14 persons were conviceted under  article 274 of the criminal code from 2014 to 2019. And several pre-trial investigations that resulted in arrests, searches and arrests has been initiated since the state of emergency was annonced in Kazakhstan about a month ago. 

Part 4 of article 274 of the criminal code sanctions up to seven years in prison. Even during the Great Patriotic war (1941-1945), Decree of the Presidium of the Supreme Soviet of the USSR sanctioned up to 5 years of imprisonment for spreading "false rumors that arouse alarm among the population" in wartime

The criminal intent of this crime assumes that a person is aware that the information distributed by him\her is false - this means "knowledge". If a person distributes information that does not correspond to reality but he\she is not sure if it is  true or false, there is no intent of committing crime. An important component is creating a danger of violation of public order or causing significant harm to the rights and legitimate interests of citizens or organizations, or the interests of society or the state protected by law. However, our law enforcement practice shows that there are no evidence of intent or real danger in cases that have resulted in convictions.

The state of emergency and strict quarantine  cause people to worry about their health and future well-being, and increase the need for information. Yes, there are some fake, provocative articles or posts and gloomy and even panic-stricken forecasts. There are many more unintentional mistakes and controversial opinions that can not be qualified as a crime. It is possible and necessary to neutralize or correct them by providing reliable and diverse information, public discussions and open polemics. And detentions, arrests, inprisonments and other frightening actions can cause even more anxiety and panic and set back the civilizational development of the country for many years.

The international Foundation for Protection of Freedom of Speech "Adil Soz" believes that the Prosecutor General's office of the Republic of Kazakhstan carefully monitor observance of lawfulness in pre-trial investigations and prevent "witch hunts" under hard conditions of the state of emergency.

April 19, 2020