Public hearings were held in Almaty

Almaty, Kazakhstan - On June 19, 2016 Public Foundation "Adil Soz" held public hearings on the recommendation of civil society in the draft amendments and additions to the Normative Decree of the Supreme Court of the Republic of Kazakhstan "On the application in the judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities" with regard to the protection of honor and dignity in criminal matters (slander), this project is being implemented within the framework of USAID's "Initiative for Effective Governance" initiative. The Constitution of the Republic of Kazakhstan recognizes human rights and freedoms as absolute and inalienable and guarantees their judicial protection. Legislation of the Republic of Kazakhstan protects the honor and dignity of citizens, as well as the right to freedom of speech in both criminal and civil order. Private conflicts over the limits of freedom of speech and violation of the right to honor and dignity are often resolved in court.

Article 130 of the Criminal Code of the Republic of Kazakhstan provides for the responsibility for dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation. Article 143 of the Civil Code of the Republic of Kazakhstan regulates the refutation in court of information discrediting honor, dignity or business reputation, as well as compensation for the harm caused.

Accurate and uniform observance of laws in cases where the balance of observance of human rights is important, is a guarantee of objective justice. Regulatory Decree of the Supreme Court of the Republic of Kazakhstan of December 18, 1992, No. 6 "On the application in practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities" on the basis of analysis and generalization of judicial practice gives judges clear criteria for evidence and their evaluation in civil litigation. With regard to judicial practice in cases of intentional diminishing of honor and dignity, the highest court of the country has not yet made such recommendations.

The International Foundation for the Protection of Freedom of Speech "Adil Soz" has been monitoring the trials related to the abuse of freedom of expression for many years. The conclusions of the fund's lawyers, the studies of international experts, the experience of Kazakhstani lawyers and independent lawyers led to the conclusion that the current Regulatory Decision on the protection of honor and dignity should be supplemented with recommendations on the protection of honor and dignity in criminal procedure, in which to specify the qualifying criterion of intentional defamation, i.e. slander of knowledge.

After public discussion and correction of the draft recommendations, they will be offered to the Supreme Court of the Republic of Kazakhstan for use in working on additions and changes to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the application of legislation on the protection of honor, dignity and business reputation of individuals and legal entities in judicial practice.