126. The Court also considers it relevant to emphasize that, in this case, the criminal
proceedings, the consequent sentence imposed on the victims, as well as the pecuniary
sanction, constituted an indirect means of restricting freedom of thought and
expression. 189 In this regard, the Court notes that after being criminally convicted, Mr.
Palacio Urrutia left his job at El Universo, and for a period he faced difficulties in working
as a journalist (infra par. 157 and 158).
127. Given that, in light of the Convention, the dissemination of an opinion article on
a matter of public interest referring to a public official cannot be considered criminally
prohibited as a crime against honor, it can be concluded based on the foregoing and the
acknowledgment of the State, as such conduct was sanctioned in this case, the sanction
imposed contravened Article 13(2) of the American Convention, in relation to Articles
1(1) and 2 of the same instrument.
B. Right to personal freedom
B.1. Arguments of the Commission and the parties
128. The representatives argued that the criminal prosecution itself had an impact
on the presumed victims personal freedom, in a broad sense, notably the restrictions
that every criminal proceeding imposes on victims. Thus, they argued that they suffered
"the penalty of being in the dock", characterized by the restriction of freedom due to
being subject to criminal proceedings, the need to be available to appear in said
proceedings, the subsequent anguish of being deprived of their liberty as a consequence
of the accusation presented by the then President, and the measures taken as a result
of the persecution to which they were subjected, are subsumed in Article 7 of the
Convention. In particular, the representatives argued, as constitutive elements of the
violation of the right to personal liberty: a) the material illegality of the custodial
sentence; and b) the arbitrariness in issuing a custodial measure to the detriment of the
alleged victims, which was also carried out based on a misuse of power.
129. The State indicated that, in this case, there was no deprivation of liberty and
therefore the protection provided by Article 7 of the Convention to persons deprived of
liberty cannot be extended in a broad sense, as the Inter-American Court itself has
established in its case law. Regarding the allegation of the so-called "penalty of being in
the dock", the State indicated that the alleged victims faced a judicial process that, like
any other, requires individuals to appear and participate in a process in its entirety,
which cannot be considered as a violation of their right to personal liberty. The State
argued that the custodial sentence was never carried out, therefore the existence of the
conviction, although it was disproportionate, does not constitute a violation of personal
liberty. The Commission did not make specific arguments related to the alleged violation
of the right to personal liberty.
B.2. Considerations of the Court
130. The Court holds that the essence of Article 7 of the American Convention is the
protection of the liberty of the individual against any arbitrary or illegal interference by
189
Cf. Case of Ricardo Canese v. Paraguay. Merits, Reparations and Costs. Judgment of August 31, 2004.
Series C No. 111, par. 107.
43