ADOPTION OF THE DRAFT AMENDMENT TO THE CRIMINAL CODE OF THE REPUBLIC OF SRPSKA, CRIMINALIZING DEFAMATION AND INSULT IS A PRELUDE TO OPEN REPRESSION

Banja Luka, March 23 – Despite numerous warnings and reasoned criticisms from journalists, civil society organizations and the international community, including reactions of rapporteurs of the United Nations, the European Union, the OSCE, the Council of Europe and numerous others, the ruling regime by adopting the Draft Amendments to the Criminal Code of the Republic of Srpska, in violation of the procedures that prescribe the method of law preparation, confirms dangerous intentions to create legal prerequisites for open repression by draconian punishment of citizens for expressed views and opinions.

After a lynching atmosphere was created and orchestrated from the highest level of the executive power in which the targets of persecution were journalists and activists, the adoption of the draft of the Criminal Code of the Republic of Srpska confirms the readiness to go one step further in the process of unscrupulous and systematic suppression of rights and freedoms.

As has been warned, the changes in the law are disputed both from the procedural aspect, i.e. their legality, as well as from the substantive side in terms of their legitimacy, i.e. public interest. The changes to the law themselves were not foreseen in the work plan of the Ministry of Justice, which even a few days before the public announcement did not have information about their preparation, while the explanation even contained incorrect information that these disputed articles were published in a draft. Elementary standards of consultation with the public were not respected, nor were other conditions met to carry out an appropriate assessment of the impact of regulations and to elaborate the purpose and reasons for the adoption. This indicates that the changes themselves were prepared outside the prescribed institutions and procedures.

Essentially, the foreseen changes are controversial and dangerous in many ways, apart from being inconsistent with the existing legal framework, while draconian punishments will additionally create an atmosphere of fear of criticizing the government’s work.

The introduction of freedom of speech into the domain of consideration in criminal proceedings will create numerous obstacles for the work of media throughout Bosnia and Herzegovina, but it will also affect the freedom of every citizen to speak publicly or present any information and views.

Provisions which introduce criminal offenses against honor and reputation in the Criminal Code of Republic of Srpska cannot be corrected and improved by public discussion, and the only solution is to delete them completely. Faking a public hearing is solely for the purpose of creating the appearance of public participation in decision-making.

Therefore, we invite the proponents to withdraw the proposed solution and note that the public discussion can only be used to withdraw the disputed provisions, because any criminalization of defamation represents a big step back in the protection of freedom of expression.

Press rls_23.03.23_