c) On May 13, 2009, due to his criticism of the then President, Mr. Palacio Urrutia
was threatened over email by third parties. In view of this fact, he was granted
police protection. 68
d) On March 26, 2010, Mr. Palacio Urrutia was sentenced to three years in prison
for having committed the crime of "slanderous libel", as a result of a complaint
filed by Mr. Camilo Samán, President of the National Financial Corporation, a
State institution, after the publication of a critical article. Said complaint was
withdrawn on June 4, 2010, with which the legal effects ended and the
execution of the sentence was avoided. 69
e) On June 20, 2011, Mr. Palacio Urrutia was sentenced to three years in prison
and the payment of 30 million dollars in damages for having committed the
crime of "serious slanderous insult against authority" for the publication of the
article “NO to lies”, in which he criticized the actions of the then President
(infra, par. 62). This judgment was confirmed on September 22, 2011. On
February 27, 2012, the then President granted a pardon (infra, par. 75 and
76).
51.
Following the trial, and due to the conviction against him on June 20, 2011, on
July 7, 2011 Mr. Palacio Urrutia decided to resign from El Universo newspaper.
Subsequently, on August 20, 2012, he obtained political asylum in the United States of
America. 70 Mr. Palacio Urrutia currently resides with his family in that country and
continues to work as a journalist. 71
52.
Furthermore, at the time the aforementioned events occurred, Mr. Carlos Nicolás
Pérez Lapentti was serving as president and legal representative of El Universo, and as
deputy director of “Nuevos Medios” (New Media) in the same company. Mr. Carlos
Eduardo Pérez Barriga served as executive vice president and legal representative of El
Universo, and was the newspaper’s director of news. Mr. César Enrique Pérez Barriga
served as general vice president and legal representative of El Universo. 72
53.
Mr. Pérez Lapentti and Messrs. Pérez Barriga were declared responsible as
contributing authors of the crime of “serious slanderous insult against authority” for the
publication of the article “NO to lies” by Mr. Palacio Urrutia, and sentenced to three years
in prison through the sentence of June 20, 2011. They were also sentenced to the binding
payment of 30 million dollars in damages. The limited company El Universo was ordered
to pay an additional 10 million dollars (infra, par. 62).
C. The article “NO to lies”
68
Cf. IACHR. Report by the Special Rapporteur for Freedom of Expression 2009, OEA/Ser.L/V/II.134, Doc.
51, December 30, 2009, par. 201.
69
Cf. Report by the Special Rapporteur for Freedom of Expression 2010, OEA/Ser.L/V/II. Doc. March 5 to
7, 2011, par. 213.
70
Cf. United States of America Citizen and Immigration Service. Asylum Approval of Emilio Palacio Urrutia of
August 20, 2012 (evidence file, folio 7438).
71
Cf. Statement of Emilio Palacio Urrutia in the public hearing.
Cf. Human Resources Certificates from El Universo newspaper of October 19, 2011 (evidence file, folios
4484 to 4486); Minutes of Extraordinary Session and General Assembly of El Universo of January 21, 2008
(evidence file, folio 4551), and documents detailing the position descriptions of El Universo newspaper
(evidence file, folios 4487 to 4491).
72
20