32 reach. Hence, each specific hypothesis alleged within a specific context must be supported by evidence, in order to be confirmed on the basis of the available evidence; which will allow considering proven the hypothesis that results more acceptable in comparison to the rest of them, according to the degree of confirmation, support or legal basis of the evidence. VIII ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION 57 IN RELATIONTO ARTICLE 5(1) (RIGHT TO HUMANE TREATMENT) 58 AND 13(1) (FREEDOM OF THOUGHT AND EXPRESSION) THEREOF 114. Article 5(1) of the Convention enshrines the right to personal, physical and moral integrity. 115. Article 13 of the Convention acknowledges to all persons not only the right and freedom to express their thoughts, but also the right and freedom to seek, receive and disseminate information and ideas of all kinds.59 116. Freedom of expression, especially in matters of public interest, “is a cornerstone upon which the very existence of a democratic society rests.”60 It should not only be guaranteed in relation to the dissemination of information or ideas that are favorably received or considered to be inoffensive or indifferent, but also for in the case where such information or ideas shock, concern or offend the State or any sector of the population. Such are the requirements of pluralism, which imply tolerance and the spirit of openness, without which no democratic society can exist. Any condition, restriction or sanction imposed in that respect, should be proportionate to the legitimate end sought.61 Without effective freedom of expression, exercised in all its forms, democracy is enervated, pluralism and tolerance start to deteriorate, the mechanisms for control and complaint by 57 Article 5(1) of the Convention provides: “Every person has the right to have his physical, mental and moral integrity respected”. 58 Article 13(1) of the Convention provides that: “Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice”. 59 Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 of the American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5, para. 30-32. Cf. Case of “The Last Temptation of Christ” (Olmedo- Bustos et al.) v. Chile. Merits, Reparations and Costs. Judgment of February 5, 2001. Series C No. 73, para. 64; Case of Ivcher Bronstein v. Perú. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C No. 74, para. 146; Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series C No. 107, para. 108; Case of Ricardo Canese v. Paraguay. Merits, Reparations and Costs. Judgment of August 31, 2004. Series C No. 111, para. 77; and Case of Kimel V. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008. Series C No. 177, para. 53. 60 Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 of the American Convention on Human Rights). Advisory Opinion OC-5/85 supra notes 59 para. 70. Cf. Case of Herrera Ulloa v. Costa Rica, supra note 59, para. 112; Case of Ricardo Canese, supra note 59, para. 82; Case of Kimel v. Argentina, supra note 59, para. 87 and 88; Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra note 29, para. 131. 61 In this sense, Article 4 of the Inter-American Democratic Charter provides that: “transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy. Cf. Case of Ivcher Bronstein v. Perú, supra nota 59, para. 152; and Case of “The Last Temptation of Christ” (Olmedo Bustos et al.), supra nota 59, para. 69.