5
Delgado, Alex Delgado and Edgar López, and the other persons on the premises of
the “El Nacional” and “Así es la Noticia” newspapers or in any way associated with
those newspapers’ journalism business. On a number of occasions, when protective
measures were called for, this Court has ordered provisional measures applying the
standard of prima facie assessment of a case and on the basis of presumptive
evidence.1
8.
That the Inter-American Commission has adopted precautionary measures
that have not produced the needed effects; to the contrary, recent events indicate
that the persons named in the preceding paragraph, as well as others at the facilities
of the “El Nacional” and “Así es la Noticia” newspapers or associated with their
journalism business are in grave peril.
9.
That freedom of expression, recognized in Article 13 of the Convention, is a
cornerstone upon which the very existence of a democratic society rests. It is
indispensable for the formation of public opinion. It is also a conditio sine qua non
for the development of political parties, trade unions, scientific and cultural societies
and, in general, those who wish to influence the public. It represents, in short, the
means that enable the community, when exercising its options, to be sufficiently
informed. Consequently, it can be said that a society that is not well informed is not
a society that is truly free.2
10.
That the mass media are one of the vehicles through which freedom of
expression is exercised, and the conditions under which the media operate must
enable freedom of expression.
11.
That the Court has ordered protection for a number of people in grave danger
who, although not previously named, are readily identifiable. In the instant case,
the Court believes the correct course of action is to order provisional measures on
behalf of all persons on the premises of the offices of the “El Nacional” and “Así es la
Noticia” or those associated with those journalism businesses.
12.
That to effectively ensure the rights recognized in the American Convention,
the State Party has an obligation, erga omnes, to protect all persons subject to its
jurisdiction. As this Court has previously held, this means that this general obligation
applies not only with respect to the power of the State but also with respect to
actions by third parties.3 The Court observes that given the characteristics of the
instant case, provisional measures are needed to protect the above-named persons
(supra ‘Considering’ 7), and anyone else on the premises of the “El Nacional” and
1
Cf., inter alia, Case of the Gómez-Paquiyauri Brothers. Provisional Measures. Order of the InterAmerican Court of Human Rights of May 7, 2004, ‘Considering’ sixteen; Case of Bámaca-Velásquez.
Provisional Measures. Order of the Inter-American Court of Human Rights of November 20, 2003,
‘Considering’ twelve; and Case of Marta Colomina and Liliana Velásquez. Provisional Measures. Order of
the Inter-American Court of Human Rights of September 8, 2003, ‘Considering’ five.
2
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism
(Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13,
1985. Series A No.5, para. 70.
3
Cf. Case of the Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the
Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ eleven; and Case of the Peace
Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human
Rights of June 18, 2002, ‘Considering’ eleven.
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