56
84.
The United Nations Human Rights Committee121 and the African Commission
on Human and Peoples’ Rights122 have also ruled similarly.
85.
In this respect, it is worth underscoring that the Heads of State and
Government of the Americas adopted the Inter-American Democratic Charter on
September 11, 2001, in which, inter alia, they stated 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.123
86.
Thus, the different regional systems for the protection of human rights and
the universal system agree on the essential role played by freedom of expression in
the consolidation and dynamics of a democratic society. 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 the
individual become ineffectual and, above all, a fertile ground is created for
authoritarian systems to take root in society.124
87.
The Court observes that the statements for which Mr. Canese was sued took
place during the debates of the electoral campaign for the presidency of the
Republic, in the context of the transition to democracy, because, for 35 years and
until 1989, the country had been ruled by a dictatorship. In other words, the
presidential elections in which Mr. Canese took part and during which he made his
statements, formed part of an important process of democratization in Paraguay.
3)
The importance of freedom of thought and expression in the context of an
electoral campaign
88.
The Court considers it important to emphasize that, within the framework of
an electoral campaign, the two dimensions of freedom of thought and expression are
the cornerstone for the debate during the electoral process, since they become an
essential instrument for the formation of public opinion among the electorate,
strengthen the political contest between the different candidates and parties taking
part in the elections, and are an authentic mechanism for analyzing the political
platforms proposed by the different candidates. This leads to greater transparency,
and better control over the future authorities and their administration.
89.
In this respect, the European Court has stated that:
While precious to all, freedom of expression is particularly important for political parties
and their active members (see, mutatis mutandis, the United Communist Party of
Turkey and Others v. Turkey judgment of 30 January 1998, Reports 1998-I, p. 22, §
121
Cf. U.N. Human Rights Committee, Aduayom et al. v. Togo (422/1990, 423/1990 and 424/1990),
communication of 12 July 1996, para. 7(4).
122
Cf. African Commission on Human and Peoples' Rights, Media Rights Agenda and Constitutional
Rights Project v. Nigeria, Communication Nos 105/93, 128/94, 130/94 and 152/96, Decision of 31 October
1998, para 54.
123
Inter-American Democratic Charter, adopted at the plenary session of the OAS General Assembly
held on September 11, 2001, Article 4.
124
Cf. Case of Herrera Ulloa, supra note 15, para. 116.
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