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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