well as the guidelines governing the newspaper El Universo and its products" and "to resolve, in matters of
great importance, the focus and content of the news"; "to receive the letters of the readers, and to arrange the
answers, clarifications, or rectifications of publications that were necessary". César Enrique Pérez Barriga
served as general vice president and legal representative of El Universo. In December 2002, he was appointed
to the position of deputy editor of the newspaper. As vice president, he had the legal representation functions
of the company and "of approving the design and editorial scheme of any company product"23.
D.
Facts of the Case
1.
Case context and the article “No a las Mentiras”
18.
On September 30, 2010, Ecuador was immersed in a political crisis that was described as an
attempt "coup d'état" by the government of the time24. On that occasion, the IACHR condemned any attempt to
alter the constitutional and democratic order25.
19.
In addition to the well-known public interest of the information on these episodes, its
circumstances generated diverse reactions, interpretations, and opinions on the part of political leaders,
legislators, officials, journalists, and academics. In this context, on February 6, 2011, Emilio Palacio Urrutia
published an article called "No a las mentiras", in which he offered his point of view about the events of
September 30 that shocked the country and in which he harshly criticized the performance of the then
president in this and other events.
20.
The journalistic piece in its entirety is the following:
This week, for the second time, the Dictatorship informed through one of its spokespersons that the Dictator is
considering the possibility of pardoning the criminals who rose on September 30, for which he is studying a pardon.
I do not know if the proposal includes me (according to the dictatorial chains, I was one of the instigators of the coup);
but if so, I reject it.
I understand that the Dictator (a Christian devotee, a man of peace) does not miss an opportunity to forgive criminals.
He pardoned the drug trafficking mules, he sympathized with the murdered detained in the Littoral Penitentiary, he
asked the citizens to let themselves be robbed so that there were no victims, and he cultivated a great friendship with
the land invaders and turned them into legislators, until they betrayed him
But Ecuador is a secular state where it is not allowed to use faith as a legal basis to exempt criminals from paying
their debts. If I committed a crime, I demand that you prove it to me; otherwise, I expect no judicial forgiveness but
the due apologies.
What actually happens is that the Dictator finally understood (or his lawyers made him understand) that he has no
way of demonstrating the alleged crime of September 30, since everything was the product of an improvised script,
in the midst of running, to hide the irresponsibility of the Dictator to go into rebellious barracks, to open his shirt and
23
Annex 3. Documents El Universo. Annexes No. 25, 90, 91 93, 94, 97 of the Initial Petition presented to the IACHR on October 24, 2011.
OAS. Permanent Council. OAS Permanent Council Repudiates Events in Ecuador and Supports the Government of President Correa.
September 30, 2010.
24
25
IACHR. Press Release No. Nº 99/10. IACHR condemns any attempt to alter democratic order in Ecuador. September 30, 2010.
5