112. In relation to the foregoing, in this case, the Court confirms the following regarding the content of the article “NO to lies”, published on February 6, 2011 in El Universo newspaper: (a) it refers to opinions and assessments regarding the events that occurred on September 30, 2010 in Ecuador, and the subsequent acts carried out by the then President in response to the acts of the police; (b) particular reference is made to “the possibility of pardoning” the people who participated in said events based on “a pardon”; (c) it is stated that the reason for this action by the authority was that it had "no way to prove the alleged crime of September 30", and points out that "everything was the product of an improvised script" before the decision of the then President on "entering into a rebel barracks”; (d) it is stated that the “evidence” to accuse the “coup plotters” has “unraveled”, and assessments are made regarding said evidence; (e) the article “proposes” a “way out”: not to grant a pardon, but rather “amnesty in the National Assembly”; f) the article concludes by stating that “with a pardon, in the future, a new president, perhaps his enemy, could bring him before a criminal court for having given the order to fire at will and without warning against a hospital full of civilians and innocent people. Crimes against humanity, don’t forget, have no statute of limitations.” The Court also notes that the article refers to the then President with the adjectives of "Dictator", refers to him sarcastically as "devout Christian, man of peace", refers to his government as "the Dictatorship" , and refers to his manner of acting on September 30 as that of "a ‘Chacascán’ wrestler." 113. In the first instance, in regard to the subject of the article “NO to lies”, the Court recalls that the concurrence of at least three elements is necessary for a certain note or information to be part of the public debate, namely: (a) a subjective element, that is, that the person is a public official of the complaint made by public media; (b) a functional element, that is, that the person has acted as an official in the related events, and (c) a material element, that is, that the subject matter is of public relevance. 174 The Court considers that, ultimately, the events of September 30, 2010 were an event of great importance in the political life of Ecuador. The then President occupied a central place in national politics, and, in particular, he was a central actor in the events referred to in the article, both in relation to his actions on September 30, and in subsequent actions related to the possibility of granting a pardon in favor of the police officers involved. Thus, there is no doubt that it referred to a matter of public interest that was protected by the right to freedom of expression. 114. Secondly, the Court highlights that the column was signed exclusively by the author and was found in the section corresponding to the contributions of “columnists”, the article makes constant references in the first person, e.g. “[I] don't know if the proposal includes me”, “[I] understand that the Dictator”, “[I]f I committed a crime”, etc. It also refers to the fact that the then President was a "Dictator", or that in the future an enemy of his " could bring him before a criminal court for having given the order to fire at will and without warning against a hospital full of civilians and innocent people.", and that “crimes against humanity, don’t forget, have no statute of limitations”. These constitute an assessment regarding the events that occurred and that were the subject of debate. The words used by Mr. Palacio Urrutia, although they constitute an exaggerated reality, can be considered as rhetorical emphasis on the point that the alleged victim stated that he wanted to highlight that, instead of pardon, he should grant an amnesty so that he too would be covered for the liabilities that could arise against him. 175 In view of this, the Court concludes that Mr. Palacio Urrutia's brief was an opinion 174 Cf. Case of Álvarez Ramos v. Venezuela, supra, par. 113. 175 Cf. Statement by Emilio Palacio Urrutia during the Public Hearing. 39

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