Czech Republic: freedom of expression
01 January 1991
Czech Republic: freedom of expression
artdoc July=1995
25 APRIL 1994
CZECH REPUBLIC: STEP FORWARD IN SAFEGUARDING RIGHT TO FREEDOM OF
EXPRESSION
Amnesty International welcomes the decision of the Constitutional
Court of the Czech Republic to annul parts of the Criminal Code
pertaining to defamation of "the government, parliament and the
constitutional court".
The human rights organization called the decision, which was
adopted in Brno on 13 April, "A significant step in safeguarding
the right to freedom of expression".
"We hope that this important development will be followed
by further legislative reform of the Criminal Code which still
retains, as a criminal offence, defamation of the Czech Republic
and a penalty for defamation of the President of the Republic",
Amnesty International said.
In a letter to Vaclav Havel, President of the Czech
Republic, Amnesty International expressed its concern that these
provisions of the Criminal Code impose unnecessary and excessive
restrictions on the right to freedom of expression. The human
rights organization is urging President Havel to initiate a
legislative process for their abolition.
Amnesty International is concerned that these provisions
may be used in violation of the right to freedom of expression
set out in the International Covenant on Civil and Political
Rights and the European Convention on Human Rights, both of which
the Czech Republic has ratified and is legally bound to observe.
On 17 March, President Havel reportedly ordered the
cessation of the prosecution proceedings against Petr Cibulka,
charged with making a statement about the President of the
Republic that was considered to be defamatory. Although Amnesty
International welcomes the decision made in this case, the
organization fears that the enforcement of this provision within
the Criminal Code might result in the prosecution of other people
who have exercised their right to the free expression of
political or other beliefs without resorting to or advocating the
use of violence. If imprisoned they would be considered by
Amnesty International as prisoners of conscience.
Amnesty International considers that other existing laws
in the Czech Republic are quite sufficient to protect the
legitimate interests of the state. The European Convention
defines such interests as: "national security, territorial
integrity or public safety...or maintaining the authority and
impartiality of the judiciary", for which restrictions may be
placed on freedom of expression under the Convention. There are
also other criminal or civil actions that anyone, regardless of
status or function, can take in order to protect his or her
reputation.
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