7
18.
That the representatives indicated that Sergio Dahbar, Rafael Lastra and
Ibéyise Pacheco, “even though they still are beneficiaries under the provisional
measures ordered, do not render any of their services to the El Nacional newspaper.”
The latest information submitted by the representatives in connection with
beneficiary Ibéyise Pacheco, relates to a brief dated April 9, 2007, wherein it is
pointed out that this journalist would have been subjected to “accusations […] and
aggressions by high-ranking Government officials” that “amount to indirect and
direct mechanisms threatening her right to life and to personal integrity, for the
pattern in such matters has been that such legal and/or verbal aggressions by highranking Government officials usually come along with physical aggressions.” The
accusations to which the representative made reference had taken place during the
year 2002;
19.
That in all the briefs filed by the representatives, when the situation of peril
for the life, the personal integrity and the freedom of expression of the beneficiaries
is outlined, allusion is made to a context of harassment against journalistic action
criticizing or reporting on misdeeds in Governmental conduct.
20.
That when requested to produce a listing of all the beneficiaries under the
provisional measures, along with the explanations of why such persons should
continue to be protected (supra Having Seen Clause 5), the representative submitted
two listings, one including 792 persons and another one with 16 persons – coinciding
with the “El Nacional” staff membership – with no clear explanation as to why all of
such 808 persons must be given protection. Furthermore in July, 2008 it was
requested to extend the provisional measure to the “El Nacional” facilities at its Los
Cortijos premises, alleging that the provisional measure “was ordered in favor of the
company regardless of location.”
21.
That the State pointed out that “the situation which prompted implementing
the measures is no longer the same” and that the measures adopted “have been
effective, for thereby repetition of the events leading to their implementation have
been prevented.” On September 24, 2007 the State added that “the facts highlighted
during the year 2004, stemming from the manifest intolerance prevailing in those
days, have ceased.”
22.
That the Commission stated that events such as those having occurred on
March 15 and on August 22, 2007 and on July 25, 2008 (supra Considering Clauses
17), “indicate that the situation of extreme gravity and urgency persists” and that
“the provisional measures continue to be necessary.” Likewise, regarding the verbal
aggressions against “El Nacional” in 2004 and 2005, the Commission pointed out
that “certain speeches by certain high-ranking officials of the State against specific
mass media in polarized contexts could be construed as enticement to aggression
[…]. Name-calling such as that hereinbefore described could have the purpose of
scaring the mass communicator and the journalists active therein, thus generating
self-censorship or fear to be identified as media workers on account of possible
reprisals.”
23. That this Court has established that the provisional measures are not only
precautionary but also protective.2 The precautionary nature of the provisional
2
Cf. Matter of the newspaper “La Nación.” Provisional Measures regarding Costa Rica. Order of the