violence. It is my understanding that an armed police uprising, with the kidnapping
of the head of the Executive, with shots fired and deaths, is an unbeatable textbook
example for the exception referred to in the aforementioned Report of the
Commission.
IV.3. It is not an ‘opinion piece’ article
140. Finally, it is also not admissible that the article in question was a simple
opinion piece, since any reader perceives that in that writing the accusation of a crime
is being made with all the precision of time, place and occasion, without providing
any evidence at all. No one could judiciously say that it is a mere opinion to accuse
another of killing his father, or murdering his wife, or of robbing a bank with an
indication of the day, time and place, nor, of course, of giving the order to shoot
against a hospital in the middle of an armed rebellion while being kidnapped.
141. I have the greatest respect for the statements of the experts, but I cannot
help but observe that it is contrary to all logic to claim that it is a mere opinion for
someone to say: So-and-so on such a day at such a time and in such a place killed
his mother with ten stab wounds.
V
THE PROCEEDINGS AND THE RESULTING DAMAGES [INCURRED]
V.1.The legality of the process
142. It follows from the foregoing that the processing and trial of the alleged victims
was not irregular and did not produce any effects other than those derived from the
situation of defendants themselves. Preventive detention was not appropriate, so the
freedom of movement of the accused was not limited. There were also no freezing of
assets of the type of glosses referred to above and that will surely fall on the current
opposition leader as a consequence of the reparations ordered from the State.
143. Bearing in mind that the majority of the prisoners in our region are not
sentenced, but rather suffer pre-trial detention and that some or many of them will
ultimately be acquitted 36, it is obvious that many more negative procedural
consequences and consequences in violation of Human Rights are considered normal
in our countries, even in those cases in violation of the principle of innocence, than
were suffered by the alleged victims in the course of a regular process. All based on
an offense that respected the principle of strict legality and based on the false
accusation of a crime in which the public interest was not at stake but rather devalued
the action of an authority in nothing less than the interruption of an ongoing coup
attempt.
144. To overlook this comparison of the damages suffered by the presumed victims
of the case to those that are normalized on some millions of inhabitants of the region,
would imply that the Court is extremely careful about the negative consequences of
the prosecutions with a too high level of selectivity.
145. What is clearly disproportionate in the case is the sanction imposed in the
judgment and that, as is fully established in the case file, was not executed nor was
execution attempted, so that the judgment did not entail negative consequences for
36
Cf. Carin Carrer Gomes, O encarceramento Latino sem condenaçao, Análise da Justiça, do territorio
e da globalizaçao, XIV Encontro Nacional de Pos-graduaçao en Geografia, 10 a 15 de Outubro de 2021.
22
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents