12 court found that “application of a corrective disciplinary action was not warranted, even though a recommendation to the judge was,” and it was recommended to him that “henceforth, he should arbitrate 58 the relevant body of documentary evidence so that incidents like this one do not repeat themselves.” 54. Finally, with regard to the allegation that the Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes convened a second hearing and held it without the presence of the defendants, this court rejected the objections of the petitioners in its judgment on the appeal, arguing that the hearing was necessary to resolve “a situation of inequality” to the 59 detriment of the plaintiffs. Additionally, the Supreme Court of Justice of the Province of Buenos Aires denied the appeal to vacate the decision and find the law inapplicable, as filed by the petitioners who alleged said hearing was improperly held, in noting that the “alleged errors in trying the case as the 60 violation of the right to a defense in trial” are “subjects outside of the appeal itself.” The petitioners also raised the subject of the Petition in Error for Denial of Appeal filed before the Supreme Court of Justice of 61 the Nation on December 11, 1996, which was declared inadmissible by said Court on October 3, 62 1997. In this regard, the Commission notes that records in the case file show that on November 30, 1995, the attorney of Carlos and Pablo Memoli was properly served notice of the second hearing before the Appellate Chamber for Criminal and Correctional Matters—Panel II, and that both the attorney of the 63 Memolis and the attorney of the plaintiffs appeared at said hearing on December 5, 1995. V. ANALYSIS OF THE LAW 55. The Commission shall examine whether there has been a violation in the instant case of Article 8 (Right to a Fair Trial) and Article 13 (Right to Freedom of Thought and Expression) of the American Convention, in connection with Article 1.1 (Obligation to Respect Rights) and Article 2 (Domestic Legal Effects) of said treaty. A. Freedom of thought and expression (Article 13 in connection with Article 1(1) and 2 of the American Convention) 56. Article 13 of the American Convention establishes that: 1. 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 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 subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: 58 Annex 25. Judgment issued on March 12, 2008, Supreme Court of Justice of the Province of Buenos Aires, pg. 4-5. 59 Annex 26. Appellate judgment issued on December 5, 1995, Second Appellate Chamber for Criminal and Correctional Matters, Case 55.964, pg. 17. Annex to the petition of the petitioners of January 28, 1998 (received on February 12, 1998). 60 Annex 27. Judgment issued on September 10, 1996, Supreme Court of Justice of the Province of Buenos Aires, Action 63.249 case titled “Alberto Salaberry and Osvaldo O. Lossino on behalf of Antonio Guarracino, Humberto Romanello and Juan B.R. Piriz. They are filing suit for wrongful accusation of crime and slander against Carlos and Pablo Memoli”, pg. 1. Annex to the petition of the petitioners of January 28, 1998 (received on February 12, 1998). Also see Annex 28. Order issued on September 23, 1996, Supreme Court of Justice of the Province of Buenos Aires on September 23, 1996. Annex to the petition of the petitioners of January 28, 1998 (received on February 12, 1998). 61 Annex 29. Brief of the petitioners of December 11, 1996, addressed to the Supreme Court of Justice of the Nation. Annex to the petition of the petitioners of January 28, 1998 (received on February 12, 1998). 62 63 Annex 7. Judgment issued on October 3, 1997, Supreme Court of Justice of the Nation. Cfr. Annex 30. Certificate of Service of Notice issued on November 30, 1995, Appellate Chamber for Criminal and Correctional Matters of Mercedes (page 997). Annex to the petition of the petitioners of January 28, 1998 (received on February 12, 1998); Annex 26. Appellate judgment issued on December 5, 1995, Second Appellate Chamber for Criminal and Correctional Matters, pg. 1.