Emilio Palacio Urrutia, Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga, and
César Enrique Pérez Barriga.
C. Right to property
C.1. Arguments of the Commission and of the parties
134. The representatives argued that the compensation demanded from the alleged
victims and from the legal entity El Universo had an impact on their rights and affected
other workers and directors of the media outlet. In this sense, they argued that the
pecuniary sanction of more than USD $40,000,000 (forty million United States dollars)
for damage to the reputation of the then President was contrary to the Convention,
because it had a punitive purpose aimed at sanctioning the alleged victims and El
Universo media outlet, and to generate a ‘chilling effect’ to the detriment of journalists
and the Ecuadorian press. This sanction was therefore openly contrary to freedom of
expression. Similarly, they argued that the judicial sentence for civil compensation
legally affected the alleged victims’ right to property, as well as that of the directors and
shareholders of El Universo newspaper. This affectation was caused by the judicial
process itself, causing losses to El Universo of more than USD$8,000,000 (eight million
United States dollars).
135. The State pointed out that the conviction did not produce legal effects, so the
factual assumption that the representatives point to as the core of the alleged violation
of the right to property never materialized. It thus maintained that there was never any
damage to the alleged victims’ assets, therefore there is no international responsibility.
In addition, the State maintained that El Universo continued to function normally during
the period in which the events occurred, subsequently and to the present day. The State
even stated that the expert accounting report presented as evidence shows that it was
the year in which the company had greater profits. For this reason, it argued that there
was no property damage caused by the conviction against the alleged victims and El
Universo. The Commission did not make specific arguments regarding the alleged
violation of the right to property.
C.2. Considerations of the Court
136. In its case law, this Court has developed a broad concept of property that
encompasses the use and enjoyment of property, defined as material things that can be
appropriated, as well as any right that may form part of a person's assets. 194 The Court
has also protected, through Article 21 of the Convention, acquired rights, understood as
rights that have been incorporated into individuals’ assets. 195 It is necessary to reiterate
that the right to property is not absolute and, in this sense, it may be subject to
restrictions and limitations, 196 as long as these are carried out through the appropriate
194
Cf. Case of Ivcher Bronstein v. Peru, supra, par. 120 and 122, and Case of the National Association of
Discharged and Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v.
Peru. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of November 21, 2019. Series C No.
394, par. 192.
Cf. Case of Ivcher Bronstein v. Peru, supra, par. 122, and Case of the National Association of Discharged
and Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra,
par. 192.
195
Cf. Case of Ivcher Bronstein v. Peru, supra, par. 128, and Case of the National Association of Discharged
and Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra,
par. 192.
196
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