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.
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