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

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