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the Committee recommends that all necessary measures be adopted in order
to amend the relevant legislation so as to bring it into conformity with
articles 18 and 22 of the Covenant.
22.
The Committee has a number of concerns with respect to freedom of
expression under article 19 of the Covenant. First, article 98 of the Penal
Code makes it an offence to “disseminate false information abroad which harms
the interest” of Slovakia; this terminology, in the Code of 1996, is so
broadly phrased as to lack any specificity and carries the risk of restricting
freedom of expression beyond the limits allowable under article 19,
paragraph 3, of the Covenant. Second the interference by the Government with
the direction of its State-owned television also carries a danger of violating
article 19 of the Covenant. Third, lawsuits for defamation resulting from
expressed criticism of the Government pose a similar problem. Therefore:
the Committee recommends that all these three aspects should be reviewed
and any necessary legislation passed to eliminate any inconsistency with
the Covenant.
23.
The Committee is concerned by the absence of judicial guarantees with
respect to telephone-tapping during the pre-trial investigation of crime.
Therefore:
the Committee recommends that interception of confidential
communications be always subject to control by an independent judicial
authority.
24.
With respect to article 27 of the Covenant, the Committee notes with
concern that no steps have yet been taken to adopt legislation to implement
articles 6 (b) and 34, paragraph 2 (b), of the Constitution on the use of
minority languages after the annulment of the 1990 Act on the Official
Language, and that, as a consequence, the use of minority languages in
official communications is not secure. Therefore:
the Committee recommends that legislation be rapidly adopted to secure
language rights for minorities, with due consideration being given to
the provisions of the Covenant and to the Committee's general
comment 23(50). The Committee is concerned that insufficient provision,
in particular in relation to allocation of resources, is made in the
field of educational and cultural rights for the benefit of the
Hungarian minority.
25.
The Committee expresses its regret that certain questions asked during
the discussion with the delegation have not been answered, and requests that
additional information be provided to the Committee on the implementation of
constitutional provisions relating to human rights, mentioned in paragraph 12
above; institutions designed to protect human rights; the relationship between
articles 11, 125 and 132 of the Constitution; the right to free legal
assistance; the application of article 9 of the Covenant to all forms of