or when they corroborate aspects related to the case. 12 The Court decides to admit the
documents that are complete or at least, documents where the source and date of
publication is identifiable, and will assess them taking into account all of the body of
evidence, the State's observations, and rules of sound judgment.
15.
On the other hand, regarding the statements of the witnesses and the expert
opinions rendered in the public hearing and by way of affidavit, the Court deems them
pertinent only so long as they conform to the purpose of the Order of the President
wherein they were requested (supra paras. 5, 11, and 12). They shall be assessed in
the corresponding chapter, together with the other elements of the body of evidence
and taking into account the observations formulated by the parties. Moreover,
pursuant to the jurisprudence of this Court, the statements ordered by the alleged
victims cannot be assessed in isolation, but rather with the evidence in the proceeding,
since they are useful to the extent that they can offer more information on the alleged
violations and their consequences. 13
V
FREEDOM OF THOUGHT AND EXPRESSION, IN RELATION TO THE OBLIGATION
TO RESPECT AND GUARANTEE RIGHTS
A. Arguments of the parties
16.
Regarding the alleged violation of Article 13 of the Convention, 14 the
Commission considers that the central issue in this case “is whether Argentine society
had a right to know the information that was published and, therefore, whether
freedom of expression should have prevailed or, to the contrary, whether the former
President of the Nation was entitled to keep secret the information revealed.” It
highlighted the two dimensions of freedom of expression and the differential protection
of public officials or those who seek to be, who are subject to greater scrutiny by
society. However, it also recalled that freedom of expression is not an absolute right
and there are permissible restrictions to that right.
17.
Moreover, the Commission also stressed the importance of protection of private
life 15 regarding it as one of the most important achievements of democratic regimes. It
12
Cf. Case of Velásquez Rodríguez v. Honduras, supra note 11, para. 146, and Case of López Mendoza
v. Venezuela. Merits, Reparations, and Costs. Judgment of September 1, 2011. Series C No. 233, para. 19.
13
Cf. Case of Loayza-Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33,
para. 43, and Case of López Mendoza V. Venezuela, supra note 12, para. 24.
14
Article 13 of the Convention, establish:
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. 2. The exercise of the right provided for in the
foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of
liability, which shall be expressly established by law to the extent necessary to ensure: a. respect for the
rights or reputations of others […].
15
Article 13 of the Convention (Right to Privacy) establish:
1. Everyone has the right to have his honor respected and his dignity recognized.
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or
his correspondence, or of unlawful attacks on his honor or reputation.
3. Everyone has the right to the protection of the law against such interference or attacks.
7