ex-wife who allegedly threatened a public scandal; the visits made by the Meza family to the residence of Olivos after the separation of Menem and his wife and the institution of visits on the first Sunday of each month. 49 Moreover, similar information regarding the paternity of Mr. Menem and the child, the circumstances of his birth, the relationship of the former president with the mother, among other facts, also appeared in Spain's El Mundo newspaper in its issue of March 2, 1994, 50 where citing the prior publication, tells the same story and notes that: [t]he existence of an alleged unrecognized illegitimate son of President Carlos Menem is no longer a secret in Argentina and the justice system investigates the matter at the request of the former first lady [;] The President's men do not want to hear about the delicate issue that has been made known in an explosive manner regarding Menem’s fame as a womanizer and 'bon vivant' cultivated by Menem himself in public. 64. It follows that, at the time of the publication by the magazine Noticias, the facts questioned that gave rise to this controversy—the unacknowledged paternity of a child out of wedlock—had been made widely available in print media in Argentina and abroad. On the other hand, it does not appear to the Court that regarding the prior public dissemination of this information, Mr. Menem had been interested in measures to safeguard his privacy or to avoid, in any other manner, public disclosure that he later contested regarding the magazine Noticias. 65. Additionally, the Court finds that Mr. Menem adopted, prior to the publications that he later questioned, behavior patterns favorable that let out that personal relationships, sharing acts and public situations with these people, those of which are recorded in the photographs illustrated in the notes, even receiving the child and his mother in official places like the Government House and the presidential residences (supra para. 32, 35, and 36). 51 The Court recalls that the right to privacy is available to the applicant and, therefore, the conduct displayed by him is relevant. In this case, his conduct did not safeguard his own private life in these areas. 66. Finally, as the Court has stated previously, the judiciary must take into account the context in which expressions are made in matters of public interest. The court must "assess respect for the rights or reputations of others with the value these have in the open debate of democratic society on issues of public interest or concern." 52 The Court notes that in its decision, the Supreme Court referred in a general manner to when an invasion of privacy can be justified, regarding the restriction of the sphere of private life of public “man,” among others (supra para. 39). However, it did not analyze in this 49 Cf. El Jefe. Vida y obra of Carlos Saúl Menem [The Cheif. Life and Work of Carlos Saul Menem], Gabriela Cerruti, Editorial Planeta, Buenos Aires, 1993 (case file of annexes to the Report No. 82/10, annex 5, tome I, folios 334 and 335). 50 Cf. El Mundo, March 2, 1994, Menem, acusado of tener un hijo extramatrimonial no reconocido. the madre es the diputada peronista Martha Meza [Menem, accused of having an illegitimate son out of wedlock. the mother is the Peronista representative Martha Meza](case file of annexes to the Report No. 82/10, annex 6, folios 338 and 339). 51 Cf. Noticias Magazine, editions No. 984 and 985, supra notes 18 and 20; El Jefe. Vida and obra of Carlos Saúl Menem, supra note 49, and Statement of Mr. Héctor D’Amico, supra note 16. 52 Cf. Case of Ricardo Canese V. Paraguay. Merits, Reparations and Costs. Judgment August 31, 2004. Serie C No. 111, para. 105, and Case of Tristán Donoso V. Panamá, supra note 35, para. 123. 22

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