A draft law
criminalizing “insulting” or a defamatory reference to a public servant may
should not be enacted into law because such legislation will inevitably lead to
an impermissible restriction of freedom of expression.
As a result of the
study of the draft legislation “On Making Amendments to the Criminal Code of
the Republic of Armenia", the legal opinion of the Human Rights Defender
is formulated on an urgent basis and is attached to this statement.
The general conclusion
is that in principle, the analysis of the proposed legislation raises concerns
and runs afoul of international legal canons, which err on the side of
decriminalization of insult and slander. In stark contrast, the proposed
legislation provides for criminalizing speech against any person in public
service, including as it relates to the most political and high-ranking
position. This is most disconcerting.
Moreover, the
criminalization of such speech directed at one engaged in the performance of
his/her official duties is not in line with the legal framework of freedom of
expression. These concerns are further reinforced by the imposition of
imprisonment in cases where the actions in question are attributed to, or are
disseminated through the media or other public means.
To be clear, the logic
upon which the proposed legislation appears to be justified and on that basis
is being advanced, at its core, contradicts international legal standards.
Opinion is hear.
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