share capital that El Universo holds even today. Thus, if said judgment had been carried
out, the alleged victims would have been insolvent, and the media outlet would have
gone bankrupt. Furthermore, the Court recalls that the civil sanction imposed was the
result of a criminal conviction that constituted a violation of the alleged victims’ right to
freedom of expression. Therefore, the civil sanction undoubtedly constituted a risk to
the alleged victims’ right to property. However, the Court notes that the alleged victims
did not suffer direct damage to assets as a result of this judgment, since it was never
executed.
141. The representatives argued that there was a loss of profits of 8 million dollars for
the shareholders of El Universo due to the submission to trial, as a result of the
deterioration of the equity value expected for the shareholders due to the lawsuit
initiated by the then President. 204 The Court notes that, in effect, in 2011 El Universo
saw a decrease in its advertising sales, and the newspaper's income in general. However,
from the evidence submitted to this Court, it is considered that there is no clarity
regarding how this decrease in sales affected the newspaper's assets, 205 nor about the
causal link between the lawsuit against the alleged victims and the loss of profits for the
shareholders. In this sense, the Court considers that other factors such as technological
changes in the industry, or state competition in communication, could also be the cause
of the effects on sales by the newspaper during the period in which the trial lasted. 206
142. Consequently, the Court concludes that the State is not responsible for the
violation of Article 21 of the Convention, to the detriment of Emilio Palacio Urrutia, Carlos
Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga, and César Enrique Pérez Barriga.
D. Right of movement and residence
D.1. Arguments of the Commission and the parties
143. The representatives argued that the persecution of Mr. Palacio Urrutia by the
Judicial authorities and the criminal judges of Ecuador led to his forced displacement,
constituting a violation of Article 22 of the Convention. Specifically, they maintained that
as a consequence of the criminalization of his work, he was forced to leave Ecuador as
the only way in which he could continue a life free from political and judicial persecution.
By virtue of this, he was granted asylum in the United States of America. In these
conditions, the representatives argued, the alleged victim and his family were forced to
give up their life project in Ecuador, which included his work as a journalist reporting for
El Universo. In other words, they argued that his life project was frustrated due to the
harmful action of the judicial bodies of his country.
144. The State maintained that there is not nor has been any prohibition for Mr.
Palacio Urrutia to return to Ecuador, nor have there been complaints of harassment or
threats against him that could have activated the domestic protection mechanisms.
Therefore, the State pointed out, it is not possible to establish international responsibility
for the violation of the right of movement. Additionally, the State indicated that Messrs.
Pérez were also prosecuted for the same crime, and yet only Mr. Palacio Urrutia decided
to leave the country, which demonstrates the absence of a risk that would have forced
204
Cf. Expert statement by Fausto Ortiz de la Cadena (merits file, folio 1068).
Cf. Expert statement by Mauricio Santiago Sosa Chiriboga on June 1, 2021 (merits file, folio 2072) and
Expert statement by Gloria Paulina Serrano on June 1, 2021 (merits file, folio 968).
205
206
Cf. Expert statement by Fausto Ortiz de la Cadena on May 28, 2021 (merits file, folio 1073 to 1074).
47
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