dignity. Furthermore, it pointed out that the principle of legality was never violated, since
the offense for which the alleged victims were prosecuted was defined in the Criminal
Code, and that there was no ambiguity or scope in the criminal definition, which has
been included in the aforementioned Code since 1938, modified in 1977. Along the same
lines, he stated that the complaint presented constituted a legal and legitimate exercise
of the judicial apparatus, consequently obtaining a judgment that restored his honor and
good name, for which the criminal and civil sanction imposed was justified. 126
VII
MERITS
81.
The Court recalls that the State acknowledged its international responsibility for
the violation of the rights to freedom of expression, the principle of legality and nonretroactivity, and judicial guarantees and judicial protection, contained in Articles 8(1),
8(2)(c), 8(2)(f), 9, 13 and 25(1) of the American Convention, in relation to Articles 1(1)
and 2 of the same instrument, to the detriment of Emilio Palacio Urrutia, Carlos Nicolás
Pérez Lapentti, César Enrique Pérez Barriga and Carlos Eduardo Pérez Barriga. In
particular, in relation to freedom of expression, the State recognized that the sanctions
imposed on the victims did not respond to a social interest imperative that justified them,
that they were unnecessary and disproportionate, and that they could have had an
intimidating effect. Additionally, it recognized that the articles of the Criminal Code
applied in the case implied a breach of the principle of legality that allowed the victims
to be sanctioned under the criminal category of serious slanderous insult against
authority.
82.
Additionally, the Court recalls that the State recognized that, within the
framework of the criminal proceedings brought against the victims, actions occurred
contrary to the rights to judicial guarantees and judicial protection. In particular, that
the public statements made by the then President placed the parties to the process in
an unequal position and affected the guarantees of independence and impartiality of the
judicial body. Similarly, the State recognized that the courts acted arbitrarily when
applying the criminal offense for which the victims were tried, that the principle of
jurisdiction and legality was violated when trying the legal entity El Universo, that the
principle of jurisdiction was violated due to the participation of several temporary judges,
that a situation of defenselessness was generated due to the changes in the dates of the
hearings in the appeal phase, and that the victims did not have access to an effective
judicial remedy because there was an affectation to the judicial independence in the
specific case.
83.
Due to the scope of the State's acknowledgment of responsibility, which does not
include all the violations alleged in the proceeding (supra par. 30), the Court will analyze
the merits of this case in a chapter that will address: a) the violation of the right to
freedom of thought and expression, and the presumed violation of the rights to b)
personal liberty, c) property, d) movement and residence, and e) to work.
VII-I
RIGHTS TO FREEDOM OF THOUGHT AND EXPRESSION, TO THE PRINCIPLE OF
LEGALITY AND NON-RETROACTIVITY, TO PERSONAL FREEDOM, TO PROPERTY,
TO WORK, AND OF MOVEMENT AND RESIDENCE, IN RELATION TO THE DUTY
126
Cf. Amicus curiae brief of Rafael Correa Delgado (merits file, folios 2484 to 2672).
30