It also considered that it constitutes a breach of the obligation to respect “any
discrimination in access to the labor market or to means and entitlements for obtaining
employment on the grounds of […] political or other opinion.” 225
157. In this case, the Court recalls that Mr. Palacio Urrutia worked as a journalist,
columnist and “Opinion Editor” in El Universo newspaper from February 1, 1999, until
July 7, 2011, the date on which he resigned (supra par. 50). In this regard, Mr. Palacio
Urrutia declared, during the public hearing, that said resignation had been directly
related to the threats he had suffered during the criminal proceedings that led to his
conviction on July 20, 2011, and his unequal status against the state apparatus
throughout the process, and after it ended, which affected his ability to carry out his
work as a journalist at El Universo, and even of remaining in the country after his
resignation (supra par. 149). 226 In particular, Mr. Palacio Urrutia declared that, after the
lawsuit, realizing that he was "confronting citizen Correa, President Correa and the entire
State apparatus centralized in one person [...] it was a completely unequal fight ”. Faced
with this situation, he expressed, his reaction was "I forget about everything, the
newspaper, other aspects of my personal life and I have to concentrate on this defense
because I'm risking everything [...]". 227
158. Thus, the alleged victim left the country to reside in the United States of America
with his family, where he has a web page to undertake work as a journalist that, in his
words, was a “journalistic success” but a “commercial failure”. 228 This “commercial
failure” was due, as explained by Mr. Palacio Urrutia, to the fact that potential advertisers
on the digital platform did not want to be associated with him due to possible reprisals
from the government. 229 Going into his employment situation in greater detail, Mr.
Palacio Urrutia stated that he was unable to work as a journalist in Miami, “for various
reasons, one of them was, for example, that I speak English, but not to the level
expected of an editorial journalist, and nor do I know American politics and economy to
the level that I would be able to give an opinion as a recently arrived foreigner, so I said
I prefer to continue doing journalism for Ecuador”. He also expressed that in the
investment he made to continue his activity through a digital medium, that "not a single
advertisement appeared in all this time", as there was fear that the government of
Ecuador would take reprisals against those who bought advertising. 230
159. In relation to the foregoing, the Court recalls that during the time in which the
criminal proceedings were carried out, and after, there was a context of confrontation
and conflict between the then President and the alleged victims, including Mr. Urrutia
Palacio. This conflict was expressed in the existence of the judicial process, and in the
statements that were made by the then President in the media regarding Mr. Palacio
Urrutia during the process, and once it had ended (supra par. 45). 231 These statements
included expressions regarding how the trial sought not only to punish Mr. Palacio Urrutia
for the publication of the article "NO to lies", but also those who hired him and the media
225
Cf. Committee on Economic, Social and Cultural Rights. General Comment No. 18, supra, par. 33.
226
Cf. Statement by Emilio Palacio Urrutia at public hearing.
227
Cf. Statement by Emilio Palacio Urrutia at public hearing.
228
Cf. Statement by Emilio Palacio Urrutia at public hearing.
229
Cf. Statement by Emilio Palacio Urrutia at public hearing.
230
Cf. Statement by Emilio Palacio Urrutia at public hearing.
Cf. Statements by the President of the Republic regarding El Universo newspaper of its journalists
(evidence file, folio 4427 to 4478).
231
52
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