importance of freedom of expression in a democratic system and its strong protective
nature of other rights, which in matters of public interest, it is not appropriate that
financial compensation for officials whose honor has allegedly been affected be
provided and that public officials deserve protection that is more attenuated than that
corresponding to the simple private citizens. It highlighted the institutional reforms
that occurred in the highest court whose composition in the era of Mr. Menem's
presidency "threatened judicial independence and stability." These institutional reforms
"had a positive impact on the adaptation of judicial interpretation to international
human right standards."
28.
Based on the foregoing, the State concluded that "it has steadily and
progressively been developing a comprehensive public policy on human rights," which
has been accompanied by bodies of Inter-American System. In this sense, in cases
before the System "it has maintained a policy of transparency: not denying that which
is undeniable, facing its responsibility, even under the State’s principle of legal
continuity, as in this case, and taking on the legal consequences upon the commission
of acts that constitute a violation." Consequently, "it puts itself in the hands of the
Court[,] which by virtue of its legal knowledge and democratic spirit will resolve the
case."
B. Facts
29.
Prior to establishing the proven facts, the Court recalls that under Article 41(3)
of the Rules of Procedure, it will admit the facts that have not been expressly denied
and the claims that have not been expressly contested. In this case the State did not
dispute the facts, regarded as established, in the paragraphs that follow.
30.
Mr. Jorge Fontevecchia and Mr. Hector D'Amico are journalists with 30 and 40
years of practice in their profession, who at the time of publication of the articles that
gave rise to this controversy served, respectively, as director of Editorial Perfil
[Editorial Profile for its translation in English] (hereinafter "the Editorial Profile" or
"Editorial") and editor of the magazine Noticias. Editorial Profile publishes the
magazine Noticias, a weekly magazine of general interest to develop investigative
journalism, and it is characterized for its critical line with the government. 16
31.
Between October and November 1995, Noticias published three editions that
included articles related to former President of the Republic of Argentina Carlos Saul
Menem, to which he filed a civil lawsuit (infra para. 37). 17
32.
The second of these editions was published on November 5, 1995, and included
the article entitled "Zulema Yoma. Un golpe al corazón. Jaqueada por los parentescos
16
Cf. Statements of Mr. Jorge Fontevecchia and Mr. Héctor D’Amico in the public hearing on August
24, 2011. The Court notes that in other documents, the alleged victims appear as director and editor of the
Magazine Noticias. Nevertheless, the roles were established as of that noted by the alleged victims in the
public hearing before this Court.
17
The first of them, corresponding to the No. 983 issue of the Journal News of October 29, 1995 was
not considered a violation of the right to privacy of Mr. Menem by the domestic courts. Therefore, it is not
relevant for the purpose of the resolution of this dispute. Cf. Judgment of March 11, 1998 of Chamber H of
the National Chamber of Civil Appeals of the Federal Capital (File of Attachments to the Report 82/10,
annex 10, tome I, folios 387 and 388).
11