[Congressional Record Volume 147, Number 169 (Friday, December 7, 2001)]
[Extensions of Remarks]
[Page E2236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SLOVAK PARLIAMENT NARROWLY DEFEATS REPEAL OF CRIMINAL DEFAMATION 
                               PROVISIONS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Thursday, December 6, 2001

  Mr. SMITH of New Jersey. Mr. Speaker, on November 8, Slovak 
Parliamentarian Tomas Galbavy, a member of the ruling Slovak Democratic 
Coalition, introduced an amendment to the Slovak penal code which would 
repeal articles that make defamation of certain public officials a 
crime. My fellow parliamentarian made an important stand at a time when 
many seem to believe that free speech is an expendable luxury. As Co-
Chairman of the Helsinki Commission, I commend Deputy Galbavy for his 
efforts to strengthen one of the most important cornerstones of 
democracy.
  The criminalization of slander, libel or defamation, as well as laws 
which purport to protect public officials or bodies from ``insult,'' is 
a longstanding concern of Members of the Helsinki Commission. In fact, 
I have repeatedly raised concern about the use--or, more correctly--
abuse of such laws. Most recently, at Commission hearings in September 
and October, I expressed concern about the use of such laws in the 
current crackdown on independent media in Azerbaijan. In November, 
``Insult laws'' were again used as an excuse to close an independent 
paper in Azerbaijan. Frankly, Mr. Speaker, as an elected politician, I 
get ``insulted'' every day of the week--and twice on Sunday. It's part 
of the job.
  I am not alone in my views. At OSCE meetings, the United States has 
repeatedly called for such laws to be repealed. Similarly, the UN 
Special Rapporteur on Freedom of Opinion and Expression, the OSCE 
Representative on Freedom of the Media, and the Organization of 
American States Special Rapporteur on Freedom of Expression issued a 
joint statement in February 2000 which concluded that ``criminal 
defamation laws should be abolished.''
  Simply put, Mr. Speaker, Slovakia's current criminal defamation law--
a holdover from a bygone era--is not consistent with the international 
commitments and obligations it has undertaken as a free and independent 
state. I am particularly concerned that journalist Alex Kratky has been 
charged with a criminal offense for criticizing a speech delivered by 
Slovak President Schuster. If found guilty, Kratky faces two years in 
prison for his opinions.
  Unfortunately, the Galbavy amendment was defeated by the narrowest of 
margins, failing by just one vote. Although Deputy Speaker Pavol 
Hrusovksy voted in favor of the amendment, most of the other 
parliamentary leaders either abstained or did not participate in the 
vote. The Slovak Parliament came so close to doing the right thing, so 
close to demonstrating the kind of regional leadership so desperately 
needed, but stopped short by one vote.
  I know the Slovak Parliament has a great deal of work before it now, 
and I particularly appreciate the work of the Parliament and the 
Government in supporting the war on terrorism and their efforts to 
ensure that U.N. Security Council Resolution 1373 is fully implemented. 
At the same time, I believe that there are still opportunities for 
Slovakia to act on the important human rights issue of criminal 
defamation.
  First, the Constitutional Court could declare the provisions of 
Articles 102, 103 and 206 unconstitutional--especially bearing in mind, 
as Deputy Minister Lubomir Fogas has noted, Slovakia's Constitution 
gives priority to Slovakia's international human rights obligations. I 
hope, however, that Slovakia's elected leaders will not wait for the 
court to act, since that can take a long time. Instead the initiative 
could be reconsidered and, with a few more Deputies voting to repeal 
defamation and libel from the criminal code, Slovakia would set an 
example for other countries to emulate.

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