It should also be noted that the State’s system of justice considered the statements
defamatory without distinguishing whether they were factual affirmations, the truth or
inaccuracy of which would thus be verifiable, or mere opinions which, to the contrary,
cannot be verified.
From the foregoing, it is possible to understand, on the one hand, that the statements in
question were made at the time of the said criminal proceeding or related to the same facts
that were disputed in this proceeding and referred to facts or circumstances that fall within
what the Court’s case law has referred to in terms of “[f]or the ordinary citizen awareness of
the opinions of others or the information they may have is as important as the right to
disseminate his or her own opinion.” 382
3. Plausible motive
Likewise, as part of the context and in order to determine the need for the said sanctions
decided by the domestic jurisdiction, it is necessary to consider (which was not done in
these proceedings either) the fact that, in the judicial decision of June 6, 1990, confirmed in
second instance on June 13, 1990, and which dismissed the said proceeding for lack of
sufficient merits, it was established that the above-mentioned sales contract for the burial
niches had an “impossible purpose” and was, therefore, “invalid,” so that the domestic court
itself recorded “that, in future, by mutual agreement, the deal should be structured
legally.” 383
In other words, this reveals that, despite the dismissal decided in the domestic proceeding,
there was a plausible motive for filing the complaint that originated this and that,
consequently, it truly constituted the exercise of a right and even compliance with a duty and,
in any case, did not violate the provisions of Article 11 of the Convention.
D. Public interest
1. According to case law
However, the weighing up referred to above must include also and in a relevant way,
especially in cases such as this, what is understood by public interest, because the Court
itself has indicated this.
Indeed, the Court has stated that “the legality of the restrictions to freedom of expression
based on Article 13(2) will depend on them being designed to satisfy an essential public
interest”; that “[a]mong the different options to achieve this objective, the one that restricts
the protected right the least must be chosen,” and that “the restriction must be
proportionate to the interest that justifies it and be closely adapted to the achievement of
this legitimate objective.” 384
The Judgment adds that “the Court has considered of public interest opinions or information
on matters in which the Association had a legitimate interest to keep itself informed, to know
what had an impact on the functioning of the State, or affected general rights or interests, or
382
Case of Ivcher Bronstein v. Peru. Merits, reparations and costs. Judgment of February 6, 2001. Series C No.
74, para. 148, and Case of Vélez Restrepo and family members v. Colombia, supra, para. 138.
383
Para. 70 of the Judgment.
Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
American Convention on Human Rights), supra; Case of Herrera Ulloa v. Costa Rica, supra, para. 123, and Case of
Usón Ramírez v. Venezuela, supra, para. 79.
384
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