Venice,
18.12.2015 – The Law of Ukraine on the condemnation of the Communist and
National Socialist (Nazi) regimes and prohibition of propaganda of their
symbols pursues a legitimate aim, but is too broad in scope which can lead
to obstructing free expression, preventing political parties from running in
elections, and it introduces unfair sanctions that should be revised. These and
other recommendations are part of a joint interim opinion by the Venice Commission and the OSCE/ODIHR adopted today.
The
Venice Commission and OSCE/ODIHR recognise the right of Ukraine to ban or even
criminalise the use of certain symbols of and propaganda for totalitarian
regimes, but warn that in its current wording the law could obstruct the right
to freedom of expression. The notion of propaganda must be “clearly defined”
and should “imply something more than the mere expression of opinions and
ideas,” they explain. The experts also point out the inconsistency of
approaches to how the Communist and Nazi symbols lists are formed.
The
experts note that the law contains quite “severe” and “disproportionate”
sanctions. Only acts that pose an actual danger to society should entail
criminal responsibility, according to the experts. “A mere display of a symbol
or use of a name should not result in imprisonment”. The Venice Commission and
OSCE/ODIHR call for a revision of the imposed sanctions.
By
prohibiting public groups that do not respect the law, the law also puts at
risk freedom of association: “The banning of political parties from
participation in elections or their dissolution should be a measure of last
resort in exceptional cases,” the experts stress.
Under the
law, journalists may face an undue threat of criminal prosecution, effectively
allowing the state to censor the media and even shut them down should they
engage in “propaganda”, according to the opinion.
Under the
law, over 900 villages with Communism-related names must be renamed within six
months, but the opinion recommends that decisions be taken locally, and the
deadline be extended.
The law
is part of an on-going process of “decommunisation” in Ukraine; it was tabled
in the Verkhovna Rada in April 2015 and adopted on the same day without public
debate, which gave rise to criticism. The law entered into force in May 2015.
During
today’s plenary session, the Venice Commission welcomed the readiness
demonstrated by Ukraine’s representatives to revise the law in accordance with
the opinion.
Contacts
:
Tatiana Baeva, Spokesperson/Media officer, tel. +33 3 88 41 21 41
Panos Kakaviatos, Spokesperson/Media officer, tel. +33 3 90 21 50 27
Tatiana Baeva, Spokesperson/Media officer, tel. +33 3 88 41 21 41
Panos Kakaviatos, Spokesperson/Media officer, tel. +33 3 90 21 50 27
Council
of Europe Directorate of Communications
Tel: +33 (0)3 88 41 25 60
Fax:+33 (0)3 88 41 39 11
pressunit@coe.int
www.coe.int
Tel: +33 (0)3 88 41 25 60
Fax:+33 (0)3 88 41 39 11
pressunit@coe.int
www.coe.int
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