Criminalization of Such Acts Does Not Comply with the Framework of Freedom of Expression

The stance of the Human Rights Defender regarding the draft legislation proposing criminal liability for insulting or defaming a public servant is clear: the project cannot be adopted in this form, as it would inevitably lead to an unjustifiable limitation of freedom of expression.

The legal position of the Human Rights Defender has been prepared on an urgent basis and is attached to this statement following the review of the draft on amendments and additions to the Criminal Code of the Republic of Armenia.

The general conclusion is that, in principle, the solutions proposed in the draft are concerning, particularly in light of international legal approaches that recommend decriminalization of defamation and insult, yet stipulate criminal liability for acts against any public servant, which is especially unacceptable in the case of political figures and high-ranking officials.

Furthermore, the criminalization of such acts does not align with the legal boundaries of freedom of expression, especially when related to the performance of official duties. These concerns are exacerbated by the provision for imprisonment in cases where the acts in question are committed through mass media or other public means.

Additionally, the logic presented in the justification of the draft contradicts international legal standards. For more details, click here.