53
l)
“[I]t does not acknowledge any violation of the right to freedom of
thought and expression recognized in Art. 13 of the American Convention” to
the detriment of Mr. Canese, because the instant case was filed by private
individuals exercising their legitimate right to take legal action against facts
they consider have harmed their honor and reputation. Even though the fact
occurred at a public meeting or in public circumstances, the statements
affected specific individuals, who were known to have been associated with
the private company for many years and, consequently, were known to
Paraguayan society;
m)
The Paraguayan Constitution forcefully prohibits all forms of censorship
of freedom of expression and freedom of the press. Under the new penal
system, no journalist, social communicator or private individual has been
convicted for libel, injuria or slander owing to thier opinions;
n)
Mr. Canese was never detained by any authority and did not have to
pay a fine or sanction for his public statements in 1992;
o)
It has not violated Mr. Canese’s right to thought and expression
“because, throughout the whole of this criminal proceedings and to date, he
has worked in different media […], where he has fully exercised his rights that
have allegedly been violated”; he was even Deputy Minister of Mines and
Energy in the Government of the party in power; and
p)
In light of the recommendations of the Inter-American Commission in
the 2001 report on human rights in Paraguay, the Paraguayan penal system
is one of the most advanced, and with most guarantees, in the region, so
there is “no reason for the Paraguayan State to be condemned for failure to
comply with Article 2” of the Convention.
Considerations of the Court
75.
Article 13 of the American Convention establishes, inter alia, that:
1.
Everyone has the right to freedom of thought and expression. This right includes
freedom to seek, receive, and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing, in print, in the form of art, or through any other
medium of one's choice.
2.
The exercise of the right provided for in the foregoing paragraph shall not be
subject to prior censorship but shall be subject to subsequent imposition of liability,
which shall be expressly established by law to the extent necessary to ensure:
a.
respect for the rights or reputations of others; or
b.
the protection of national security, public order, or public health or morals.
3. The right of expression may not be restricted by indirect methods or means, such
as the abuse of government or private controls over newsprint, radio broadcasting
frequencies, or equipment used in the dissemination of information, or by any other
means tending to impede the communication and circulation of ideas and opinions.
[…]
76.
In light of the proven facts in the instant case, the Court must determine
whether Paraguay restricted unduly the right to freedom of thought and expression
of Ricardo Canese, as a result of the criminal proceeding, the criminal and civil
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