can become inoperative, ultimately creating fertile ground for authoritarian systems to take root.104 89. The Court recalls that, in a democratic society, the rights and freedoms inherent to the individual, their guarantees and the rule of law constitute a triad, each of whose components is defined, completed and acquires meaning on the basis of the others.105 In this respect, the Court notes that Articles 3 and 4 of the Inter-American Democratic Charter highlight the importance of freedom of expression in a democratic society, establishing that “essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law; the holding of periodic, free and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people; the pluralistic system of political parties and organizations; and the separation of powers and independence of the branches of government.”106 90. Similarly, the collective aspect of freedom of expression, as a fundamental pillar of society, and as a procedural right for the exercise of public participation, allows people to exercise democratic oversight of the state’s administration in order to question, investigate and consider compliance with the fulfilment of public functions. In this sense, it enables citizens to be part of the decision-making process and allows their opinions to be heard. Thus, democratic control by society, through public opinion, promotes the transparency of state activities and accountability among public officials for their public administration.107 Therefore, States must refrain from engaging in conduct that affects human rights, such as subjecting people to criminal proceedings without guarantees of due process, or carrying out direct or indirect acts that place undue restrictions on freedom of expression.108 91. This Court has established that recourse by public officials to the courts to file lawsuits for libel or slander, not with the aim of obtaining a rectification but rather to silence any criticism of their actions in the public sphere, constitutes a threat to freedom of expression. This type of process, known as “SLAPP” (strategic lawsuit against public participation), is an abusive use of judicial mechanisms that should be regulated and controlled by the States, in order to ensure the effective exercise of freedom of expression. In this regard, the United Nations Human Rights Council has expressed its concern over “the strategic use of the courts by business entities and individuals using strategic lawsuits against public participation to pressure journalists and stop them from critical and/or investigative reporting.”109 92. Similarly, the Inter-American Democratic Charter recognizes that “the participation of citizens in decisions related to their own development is a right and a responsibility [as well as] a necessary condition for the full and effective exercise of democracy” (Article 6). Precisely Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of July 2, 2004. Series C No. 107, para. 116, and Case of Palacio Urrutia et al. v. Ecuador, supra, para. 87. 105 Cf. Habeas Corpus in Emergency Situations (Arts. 27(2), 25(1) and 7(6) of the American Convention on Human Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8, para. 26, and Case of Moya Chacón et al. v. Costa Rica, supra, para. 64. 106 OAS General Assembly, Inter-American Democratic Charter, Resolution AG/RES. 1 (XXVIII-E/01) of September 11, 2001, Article 3, and Case of Moya Chacón v. Costa Rica, supra, para. 64. 107 Cf. Case of Herrera Ulloa v. Costa Rica, supra, para. 127, and Case of Moya Chacón, supra, para. 63. 108 Cf. Case of Palacio Urrutia, supra, para. 93. On this matter, the expert witness Martín Prats pointed out “the importance of creating and consolidating mechanisms for citizen participation and monitoring, in order to safeguard this interest, and to this end, the press and public opinion are fundamental instruments for the control of public administration, transparency of State activities, management of public resources, accountability and holding public officials accountable for their actions.” Cf. Expert opinion of Martín Prats rendered before the Court during the public hearing of June 20, 2022. 109 United Nations, Human Rights Council. The security of journalists. Resolution approved on October 1, 2020, A/HRC/45/L.42/Rev.1, Preamble, and Cf. Case of Palacio Urrutia et al. v. Ecuador, supra, para. 95. 104 29