OSCE Criticises Criminal Libel Laws

Kazakstan-based analysts have welcomed the position taken by the OSCE on a recent case in which a journalist was found guilty of insulting President Nursultant Nazarbaev. The OSCE has said Kazakstan’s chance of being award the chair of the regional grouping would be enhanced if it abolished the crime of defaming officials.



The call was made on January 26 by Miklos Haraszti, OSCE Representative for the Freedom of the Media, who went on to urge officials to be more tolerant of criticism. He also recommended that Kazakstan abolish the separate offence of insulting the president.



Haraszti’s comments followed the conviction of journalist Kazis Toguzbaev for criticising President Nursultan Nazarbaev’s policies. Toguzbaev, who says his published remarks were justifiable, received a two-year sentence but was released on probation.



The OSCE representative also raised concerns over new legislation currently being reviewed by the lower house of parliament, which would make it a criminal offence to libel or slander someone during an election campaign, and to insult someone’s faith.



Commentators to whom NBCentralAsia has spoken say the OSCE’s recommendations are fair. Political scientist Andrey Chebotarev argues the penalties handed down for libel and insult as a criminal offence can be easily replaced by damage payments under civil law.



NBCentralAsia analyst Eduard Poletaev suggested that officials and other public figures had no need to fear the abolition of libel as a criminal offence.



“Even if [it] is abolished, I doubt there will be much criticism of officials initially,” said Poletaev. “Self-censorship will remain part of Kazakstan’s media for a long time to come.”



Poletaev does not believe the criminal libel question is a major issue in domestic politics, but it will be an important factor influencing the decision on Astana’s application to chair the OSCE, a decision on which has been postponed until the end of 2007.



“The OSCE wants the issue resolved one way or the other in the next six months,” he said. “It is now trying to focus attention on those matters that remain unresolved from the Europeans’ point of view.”



(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)