In this regard, the Press Office clarifies that the Legal Support Directorate of the
Ministry of Public Security has advised that the case against [J.C.T.R.] and others is
summary investigation 05-000367-036-PE for the offense of extortion and it is being
investigated by the Coto Brus assistant prosecutor and not by the Corredores
prosecutor, as was published erroneously. 35
40. Accordingly, on February 9, 2006, in the lower left-hand corner of page 2A of the
newspaper, La Nación published an erratum entitled “Erroneous prosecutor’s office,” in
which it rectified an error regarding the jurisdiction in which J.C.T.R. was being
investigated for the offense of extortion. In particular, the note indicated:
Erratum. Erroneous prosecutor’s office
Regarding the article, ‘OIJ accuses police chief of failing to detain truck with liquor’
published on December 17, 2005, the Press Office of the Ministry of Public Security
has clarified that the case against the police chief [J.C.T.R.] for the offense of
extortion is being investigated by the Coto Brus assistance prosecutor and not by the
Corredores prosecutor, as was published by error. 36
D.
Internal proceedings resulting from the publication of the newspaper
article
41. On February 7, 2006, based on the publication of the said newspaper article of
December 17, 2005, J.C.T.R. filed a complaint against the journalists Ronald Moya
Chacón and Freddy Parrales Chaves, as well as against the then Minister of Public
Security, for the perpetration of the offenses of calumny and defamation; 37 and private
complaint case No. O6-000003-538-PE was opened for the offenses of calumny and
“defamation by the press.” 38 In addition, under the same criminal case, J.C.T.R. filed a
civil action for damages against the two journalists, the Minister of Public Security, La
Nación and the State of Costa Rica. 39
42. On January 10, 2007, the Second Circuit Trial Court of San José, Goicoechea
(hereinafter “the Trial Court”) delivered a judgment in which, after reclassifying calumny
as libel by the press, 40 it decided to acquit Freddy Parrales Chaves, Ronald Moya Chacón,
and the Minister of Public Security “of all criminal liability for the offenses of defamation
and libel by the press,” because the subjective element of the offense had not been
proved. Regarding the journalists, the Trial Court considered that it did not observe a
“direct intention to harm the complainant’s honor; rather, very probably their only
intention when publishing the article was to perform their task of providing information
to the public” although, in this case, they did so “without taking the care required by
their profession.” 41
Cf. Press and Public Relations Office of the Ministry of Public Security, email sent to Ronald Moya Chacón
headed “Clarification,” dated January 31, 2006 (evidence file, folio 750).
35
36
Cf. La Nación, Erratum “Erroneous prosecutor’s office,” of February 6, 2006 (evidence file, folio 33).
37
Cf. Complaint filed by J.C.T.R., on February 7, 2006 (evidence file, folios 675 to 685).
38
Cf. Second Circuit Criminal Court, Goicoechea, Judgment of January 10, 2007 (evidence file, folio 4).
39
Cf. Corredores Southern Region Court, Ruling of February 28, 2006 (evidence file, folio 732).
Cf. Second Circuit Criminal Court of San José, Goicoechea, Judgment of January 10, 2007 (evidence
file, folio 16).
40
Cf. Second Circuit Criminal Court of San José, Goicoechea, Judgment of January 10, 2007 (evidence
file, folio 16).
41
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