APPEAL
Of participants of the International Conference “Decriminalization of defamation and offence – an important step towards democracy” addressed to the President of the Republic of Tajikistan, Majlisi Namoyandagon and Majlisi Oli (the two chambers of Parliament)

Dushanbe, 9-10 October 2008

We, participants of the International Conference “Decriminalization of defamation and offence – an important step towards democracy”, which took part in Dushanbe on 9-10 October 2008, are watching with encouragement the consistent democratic developments in our society. In this regard, and with regret we have to state that the legislation of our country has many aspects impeding the mass media, which are the carrier and promoter of these alterations, and thus disturbing the democratic programs in Tajikistan. Very often, Tajikistan’s legislation forces journalists to control themselves and restrain from investigating cases of corruption – journalists fear persecution for libel. This also impedes the implementation of the state program of fighting against corruption and contributes to rooting of corruption in the state bodies. We consider that the media could be very helpful in countering corruption.

at the Conference, we discussed the current situation in the sphere of legal regulations and enabling legislation concerning libel and offence in the country and abroad. We have also considered the international standards of the freedom of expression, including Article 19 of the United Nations Universal Declaration of Human Rights and Article 19 of the International Treaty of Civil and Political Rights, as well as the general standards and commitments of the OSCE member countries. Upon the outcomes of our discussion, we have come to the conclusion that according to the international standards and best practices, libel and offence is subject to civil justice.

Tajikistan’s legislation establishes criminal responsibility for libel and offence. This limits the freedom of speech; and it is not conducive to discussion of the most essential issues in the society including the discussion of the state institutions and their activities. The existence of such laws generates self-censorship in the media and among common citizens.

Taking into account this situation, we present to you, Mr. President, as well as to Majlisi Namoyandagon and Majlisi Oli of the Republic of Tajikistan the following conclusions made by the participants of the Conference:

— criminal responsibility, which includes imprisonment, is excessive and not proportionate to the seriousness of contravention of law related to offence and libel; it contributes to limiting the freedom of speech and establishing censorship and self-censorship in the media;

— sanctions for libel and offence established in the system of civil law are quite adequate;

— the existence of Article 330 “Offence against a representative of authorities” in the Criminal Code of the Republic of Tajikistan contradicts the international standards and practices, according to which high-ranked officials have to put up with criticism against them – since, choosing the path of serving the people, such persons must fully understand that their words and deeds will be in the center of attention and interests of other citizens;

Criminal responsibility for defamation is not practiced in most of the democratic countries, and this has not affected the dynamics of criminality during many years. Thus, a number of countries have cancelled criminal responsibility from their laws. It would be expedient for Tajikistan to take these trends into account in order to enhance its legislation.

Taking into account the provisions above, we suggest certain recommendations to the legislative bodies:

1. To exclude Article 135 “Libel” and Article 136 “Offence” from Tajikistan’s Criminal Code, and deflect legal relationships emerging from infliction of harm to honor and dignity towards the regulations of civil and civil-procedural legislation. Sanctions established in the system of civil law are sufficient for punishment for libel and offence.

2. To exclude Article 330 “Offence against a representative of authorities” from Tajikistan’s Criminal Code”.

NANSMIT Monitoring Service