case, 3 so that Mr. Baraona Bray was not only subjected to criminal proceedings,
but was also criminally convicted, even though the sentence was suspended.
12. Another aspect of the instant case that differs from Moya Chacón is that the
petitioner is not a journalist, but a lawyer and environmental advocate. The
statements that led to his conviction were made in the exercise of these
professions, as recognized in the judgment, 4 due to his technical and legal expertise
in forestry matters, especially with regard to the alerce reserves. With regard to
Mr. Baraona Bray’s status as an environmental defender, it is pertinent to cite an
excerpt from his testimony at the public hearing held in this case on June 20, 2022:
[T]hey were multidisciplinary groups, I worked with biologists,
forestry engineers, we all tried to cooperate on this issue and
we all had the spirit of protecting the environment. And we did
it pro bono. We were in groups that included journalists who
worked pro bono, they published press releases, they informed
the community, so we were very involved with the community
and we believed the story; the truth is, we wanted to believe
that we were improving the world. 5
13. Taking into account the role played by the petitioner, it is important to highlight
the fact that the Inter-American Court has placed the actions of environmental
defenders on a par with those of human rights defenders, which means that the
former enjoy the same protections as the latter. This position is in line with the
precedent established in the case of Lhaka Honhat v. Argentina, according to which
environmental rights are included in the realm of human rights. 6 This standard is
also consistent with recent guidance from other international bodies. In this regard,
it is worth recalling the landmark decision of the United Nations Human Rights
Council in October 2021, which recognized the right to a clean, healthy and
sustainable environment as a human right, 7 and which was subsequently confirmed
by a UN General Assembly resolution adopted unanimously in July 2022. 8
14. These specific features of the case highlight the essential role of a truly pluralistic
debate on issues of public interest for democratic societies.
15. As for understanding the meaning of “public interest” and the importance of
ensuring discussion of such matters within the public arenas of dissent, we refer to
the words of the expert witness Martín Prats at the public hearing held on June 20,
2022:
In the Case of Moya Chacón v. Costa Rica, the victims were subject to civil and criminal proceedings due to a
journalistic report that implicated police officers. The criminal action was dismissed, so that they were only
convicted under civil law. Inter-American Court. Case of Moya Chacón et al. v. Costa Rica. Preliminary objections,
merits reparations and costs. Judgment of May 23, 2022. Series C. No. 451. §82.
4
Judgment, §§70-80.
5
Statement of Carlos Baraona Bray before the Inter-American Court in public hearing of June 20, 2022.
6
Inter-American Court. Case of the Indigenous Communities Members of the Lhaka Honhat (Our Land)
Association v. Argentina. Merits, reparations and costs. Judgment of February 6, 2020. Series C. No. 400. On
previous occasions, even before it recognized the justiciability of environmental rights, the Court had already
discussed the relationship between human rights and environmental rights. See the judgment in the case of
Salvador Chiriboga v. Ecuador of 2008: “Moreover, this Court emphasizes, in relation to the deprivation of the
right to property, that a legitimate or general interest based on the protection of the environment such as the
one seen in this case, represents a cause of legitimate public utility” Inter-American Court. Case of Salvador
Chiriboga v. Ecuador. Preliminary objection and merits. Judgment of May 6, 2008. Series C. No. 179. (§76).
7
UN Human Rights Council. Resolution A/HRC/RES/48/13, of October 8, 2021. available at: https://documentsdds-ny.un.org/doc/UNDOC/GEN/G21/289/53/PDF/G2128953.pdf?OpenElement
8
UN
General
Assembly.
Resolution
A/76/L.75,
July
26,
2022.
Available
at:
https://digitallibrary.un.org/record/3982508?ln=en
3