REPORT No. 66/15 PETITION 1436-11 REPORT ON ADMISSIBILITY EMILIO PALACIO URRUTIA ET AL. (El Universo Newspaper) ECUADOR OCTOBER 27, 2015 I. SUMMARY 1. On October 24, 2011, the Inter-American Commission on Human Rights (hereinafter “the Commission” or the “IACHR”) received a petition alleging the international responsibility of the Republic of Ecuador (hereinafter “the State” or “Ecuador”) for the violation of Articles 7 (right to personal liberty), 8 (right to a fair trial), 13 (freedom of thought and expression), and 21 (right to property) of the American Convention on Human Rights (hereinafter the “American Convention” or the “Convention”), in relation to Articles 1.1 and 2 thereof, to the detriment of Emilio Palacio Urrutia, journalist and editorial columnist of the newspaper El Universo, and the newspaper’s directors Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga, and César Enrique Pérez Barriga (hereinafter “the petitioners” or “the alleged victims”). 2. The petitioners alleged that they were sentenced, in a trial plagued by irregularities, to three years in prison and ordered to pay thirty million dollars in damages for the alleged commission of “the offense of serious criminal defamation of an authority [injuria calumniosa grave a la autoridad].” The stated that the complaint was brought against them by the President of the Republic, Rafael Correa, after El Universo published an opinion column by journalist Emilio Palacio regarding an issue of public interest. They maintain that the convictions imposed are contrary to the international human rights obligations of the State, especially the right to freedom of expression; that they arose in a context where the Judiciary lacks independence, and that they demonstrate “the systematic way in which the State of Ecuador uses the government to persecute and censor journalists.” They asserted that “the domestic remedies have been exhausted,” and that the rest of the requirements provided for in the American Convention have been satisfied, and they asked the Commission to declare this petition admissible. 3. For its part, the State alleged that the petition fails to meet the requirements established in Article 46 of the Convention, that the facts stated therein do not constitute human rights violations, and that it is therefore manifestly groundless. It asked the IACHR to declare the petition inadmissible “because, at the domestic level, the National Court of Justice granted the request to commute the sentences [filed by Rafael Correa] of Messrs. Emilio Palacio Urrutia, Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga, and César Enrique Pérez Barriga, and forgive of the obligation to pay damages, and consequently ordered that the criminal case against the petitioners be shelved.” 4. After examining the positions of the parties in light of the admissibility requirements established in Articles 46 and 47 of the Convention, the IACHR decided to declare the petition admissible with respect to the alleged violation of Articles 8, 13 and 25 of the American Convention in connection with the general obligations enshrined in Articles 1.1 and 2 thereof. It also concludes that the petition is inadmissible regarding the alleged violation of Articles 7 and 21 of the American Convention. In addition, the Commission decided to give notice to the parties, publish this decision, and include it in its Annual Report to the General Assembly of the Organization of American States. II. PROCEEDINGS BEFORE THE INTER-AMERICAN COMMISSION 5. This petition was received by the IACHR on October 24, 2011, together with a request for precautionary measures. After the adoption of precautionary measures (infra para. 6), on February 21, 2012 the IACHR instructed the Executive Secretariat to expedite the evaluation of the petition, as provided for Artcile 29.1. iv) of its Rules of Procedure. On March 8, 2012, the IACHR forwarded the pertinent parts of the petition 1