Universo to reproduce in its entirety the text "of the required rectification" to end the trial, the then president rejected the conciliation, a less harmful means to freedom of expression39. 2.1 First instance judgment 28. The first instance judgment was published on July 20 under the signature of Judge Juan Paredes Fernández, and declared Emilio Palacio Urrutia responsible in the degree of perpetrator of "the offense established in Article 489 of the Criminal Code under the circumstances of Article 491 and sanctioned in the first paragraph of Article 493 of the same body of law". As a result, he was sentenced to three years in prison. Likewise, Carlos Nicolás Pérez Lapentti, César Enrique Pérez Barriga, and Carlos Eduardo Pérez Barriga were found responsible for the degree of intervening authors and sentenced to three years in prison. The directors of the media were also condemned to pay in solidary —for damages— 30 million dollars. The company El Universo was sentenced to pay additional ten more million dollars. In addition, those responsible were sentenced to pay the costs of the trial40. 29. The first instance judgment notes the possibility of criminal judges determining the civil damages. In addition, it concludes on the legal possibility of condemning a legal person, in order to hold liable by means of a criminal trial the company El Universo. Likewise, it expresses that the inter-American principles and standards regarding freedom of expression, conventionality control, and inter-American jurisprudence are not binding and do not form part of the constitutional block. It affirms that the Constitution of Ecuador only admits the text of ratified international treaties to domestic law41. Below, the main arguments that were considered in the judicial decision are extracted. 30. Regarding the assessment of the article written by Emilio Palacio Urrutia, the considerations of the Judgment states: When reading the article mentioned, from its beginning it is preparing and inducing the reader against "the Dictator" with a series of minor insults that seek to put in the mind of the reader a marked disaffection against the economist Rafael Vicente Correa Delgado [...] Undoubtedly, this "animus injuriandi" is present when Emilio Palacio Urrutia writes in a social media that is read nationally and worldwide, [...] accusing him of committing a serious crime, perhaps the worst that exists in the world, a crime against humanity, as it is "ordering fire at will against a hospital full of civilians", and it is not a value judgment as the defendant alleges, because although the word "could" suggests an event that can or not happen, but then immediately makes the affirmation of "ordering fire at will and without warning against a hospital full of civilians and innocent people"; that is to say, this affirmation that "could" or could not happen, in no way alters the nuclear meaning of the insult reigning verb, be it that the "new president" wants to take it or not to the Criminal Court, the affirmation –ordering fire at will- does not change the vexation of which the complainant is a victim. [...] 31. Regarding the assessment of the damage allegedly brought to the then President Rafael Correa, the considerations of the Judgment states: [...] in this process, with the documentary evidence that has been provided, it has been determined that the complainant, economist Rafael Vicente Correa Delgado, is a professional who has his family, who has been distinguished with multiple academic degrees, thanks to his studies inside and outside the country, who has been Minister of Finance and is currently the Constitutional President of the Republic, who has had under his responsibility the General Budget of the State [...]; administration that has been entrusted to him by the sovereign people of Ecuador given his impeccable conduct, resume, and activities in the public and private sphere, besides being a professor, prominent speaker in world forums, etc. [...] This does cause serious damages, both an emerging damage, because it Annex 11. Documents Judgment hearing. Annexes No. 18 and 31 of the Initial Petition presented to the IACHR on October 24, 2011. See: El Universo, "Correa rechaza ofrecimiento de EL UNIVERSO de publicar el texto íntegro de su rectificación", July 19, 2011. 39 40 Annex 13 First instance judgment. Annex No. 32 of the Initial Petition presented to the IACHR on October 24, 2011. 41 Annex 13. First instance judgment. Annex No. 32 of the Initial Petition presented to the IACHR on October 24, 2011. 8

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