allow criminal sanctions against statements targeting the honor and good name of another person. 62 49. Based on the foregoing, the Court notes that, at the time of the facts analyzed in this case, which include the criminal proceedings against the alleged victims, and other relevant events that occurred after said proceedings, there was a context of confrontation and conflict between the then President and the press critical of his government, in particular with El Universo newspaper and its journalists, such as Mr. Palacio Urrutia. The Court also notes that, during the same period, several journalists faced criminal or civil proceedings, and some were sentenced, under the laws of contempt, defamation and insults for statements that affected the honor of public officials. B. On Emilio Palacio Urrutia, Nicolás Pérez Lapentti, César Enrique Pérez Barriga, and Carlos Eduardo Pérez Barriga 50. Mr. Emilio Palacio Urrutia worked as a journalist, columnist and "Opinion Editor" at El Universo newspaper from February 1, 1999, to July 7, 2011. 63 During this period of time, various events related to his work as a journalist occurred that are relevant in this case: a) On July 17, 2005, Mr. Palacio Urrutia published an article called “Bocazas” (‘Big mouth’), in which he criticized the statements made by Rafael Correa Delgado, then Minister of Finance, during the government of Alfredo Palacio González 64. Mr. Palacio Urrutia declared that Mr. Correa had complained to then-President Palacio González about the publication of the article. 65 b) On May 19, 2007, Mr. Palacio Urrutia participated in a televised news debate on freedom of expression, from which he was expelled by the then President, who considered that he was interrupting him. 66 Subsequently, in relation to this incident, the then president stated the following: “here no one is against questioning (the government), but against the fact that fools like this man do not tell the truth. You have seen the quality of journalists we have.” He also stated that “so freedom of expression is allowing him to continue offending me? If I weren't president, I would have responded in a different way a while ago. Be thankful that I'm president.” 67 62 Cf. Preliminary Observations of the UN Special Rapporteur on freedom of expression following his visit to Ecuador, October 5 – 11 2018. Cf. Human Resources Certificate from El Universo newspaper of October 19, 2011 (evidence file, folio 4483), and statement of Emilio Palacio Urrutia in the public hearing. 63 64 Cf. “Bocazas” (“Big Mouth”). Article published in “El Universo” newspaper on July 17, 2005. 65 Cf. Statement of Emilio Palacio Urrutia in the public hearing. 66 Cf. ‘Cadena Radial’ Network, Discussion with the President 2, May 19, 2007. Cf. Statements of the President of the Republic regarding El Universo newspaper, its directors or its journalists (evidence file, folio 4427), and ‘Cadena Radial’ Network Discussion with the President 2, May 19, 2007 (minutes 7:27 to 7:46). 67 19

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