ten to fifty days”; while, article 146 of the Criminal Code establishes that “[a]nyone who dishonors another person or spreads rumors that may affect their reputation shall be penalized with a fine based on twenty to sixty days.” 34. Lastly, Article 1045 of the Civil Code establishes that “[a]nyone who, by malice, omission, negligence or imprudence, causes another person harm shall be obliged to redress this, and also pay damages.” B. Ronald Moya Chacón and Freddy Parrales Chaves 35. At the time of the facts examined in this judgment, Ronald Moya Chacón, 25 a journalist by profession, was employed as the editor of the “incidents” section of La Nación, a Costa Rican newspaper. Meanwhile, Freddy Parrales, also a journalist, worked as a correspondent for this newspaper, responsible for covering the southern part of the country. 26 C. Publication of the article in La Nación on December 17, 2005 36. In December 2005, the journalist Freddy Parrales received information that several police chiefs and officers of the State’s law enforcement agency were being investigated for matters relating to liquor smuggling in the Panamanian border region. According to Mr. Parrales, he proceeded to consult the Judicial Investigation Department (hereinafter “the OIJ”) as to whether the department was investigating the region’s police chiefs. 27 Following confirmation by the OIJ, Mr. Parrales informed the editor of the “incidents” section of La Nación, Ronald Moya Chacón, of the situation and the latter contacted and requested information from the then Minister of Public Security of Costa Rica, R.R.M. The Minister confirmed verbally to the journalist Moya Chacón that a “disastrous situation” existed in the southern part of the country in which several police chiefs were implicated. 28 The Minister of Public Security asked Mr. Moya Chacon to give him two days to carry out internal consultations, following which he had a further conversation with Mr. Moya Chacón in which, based on a report prepared by his Ministry’s Press Office, he confirmed the situation and, in particular, the existence of an investigation into “extortion” owing to the contraband of liquor, involving, among others, J.C.T.R., who, at that time, was a police major, employed as assistant police chief of the San Vito de Coto Brus Police Station. 29 The Court notes that, as the representatives advised in their final written arguments, Ronald Moya Chacón’s legal name is “Ronald Chacón Chaverri” and his identity card indicates that he is “known as” Ronald Moya Chacón (merits file, folio 551). 25 26 Cf. Affidavit of Freddy Parrales Chaves dated January 27, 2022, p. 1 (evidence file, folio 1450). Cf. Affidavit of Freddy Parrales Chaves dated January 27, 2022, p. 2 (evidence file, folio 1451). See also, Statement made by Ronald Moya Chacón at the public hearing held on February 14, 2022, during the Court’s 146th regular session, indicating that: “the genesis or origin of this information was a phone call from our correspondent in the area, Freddy Parrales, who said to me: Ronald, I have this information; members of the Judicial Investigation Department [OIJ] are telling us that there is a problem with some police chiefs in the area – and he mentioned 3 or 4 police chiefs – who are being investigated by the Judicial Investigation Department”. 27 28 Cf. Statement made by Ronald Moya Chacón at the public hearing held on February 14, 2022, during the Court’s 146th regular session. See also, Second Circuit Criminal Court of San José, Goicoechea, Judgment of January 10, 2007 (evidence file, folios 8 and 14). 29 Cf. Complaint filed by J.C.T.R. against Freddy Parrales Chaves, Ronald Moya Chacón and the then Minister of Public Security for the alleged perpetration of the offenses of calumny and defamation, on February 7, 2006 (evidence file, folio 676). 11