situation that is going through and duly guarantee the right to justice contemplated in the Constitution of the
Republic and to prevent an imminent internal commotion" and declared as a "priority action the formulation,
execution, and implementation of projects to improve the judiciary in Ecuador, through the Transformation
Plan of the Judiciary"73.
54.
With regard to the foregoing, the Commission notes that on March 7, 2009, Rafael Correa made
a public statement in which he stated that "the President of the Republic is not only the head of the executive
power, he is the head of the complete Ecuadorian State; and the Ecuadorian State is the executive power,
legislative power, judicial power." Likewise, on January 15, 2011, he mentioned in a public statement, in the
context of a series of questions about the constitutional reform, that "the President is going to get his hands in
the Court; of course he's going to get them in, to improve that Court with which nobody can be satisfied”74.
55.
Finally, the Commission observes that in a series of opportunities, Rafael Correa, in his role as
President of the Republic, through the so-called show "Enlace Ciudadano" through and state media, as well as
in his social network, during the time of the trial against the alleged victims, he made stigmatizing public
statements against the press in general, against El Universo, against Emilio Palacio, and against Joffre Campaña
Mora who served as one of the defense lawyers75.
56.
Among the statements released, prior to the complaint, he mentioned that he would not let El
Universo "get involved" with the September 30, 2010 events76, and he also described this media as "corrupt
press”77. Another time, he referred to Emilio Palacio as a "poor man" and indicated he "hurt the government”78.
Also, on February 15, 2012, in the framework of the cassation appeal hearing, he called for a "vigil" for the case
to "conclude"79. Also, through the same account, he added, "[a]ll in vigil to not leave the hearing without a
resolution by the chamber. I fear that the strategy is to aim for the trial to not end today”80.
IV.
LEGAL ANALYSIS
57.
The Commission will analyze whether, as the petitioner affirms, in the present case there has
been a violation of articles 13, 25, 9, 8, and 25 all in relation to Articles 1.1 and 2 of the American Convention
on Human Rights.
A.
Considerations regarding the scope of the case
58.
The State observed that the "petitioners, throughout the inter-American proceeding, have
referred to facts unrelated to the object of the controversy." In this regard, it alleges that "the facts that must
be considered by the Inter-American Commission are exclusively those raised in the criminal proceedings, for
https://www.youtube.com/watch?v=v7p5igztYCs ; El Universo, "Transcripción de parte del diálogo entre Mónica Encalada y Juan
Paredes", April 21, 2012. See: https://www.youtube.com/watch?v=2vVVt4gozg4
Annex 35. Executive Decree No. 872. Annex No. 76 of the Initial Petition presented to the IACHR on October 24, 2011.
Archivodigitaleu / You Tube. October 15, 2011. Correa Vs. El Universo.mov.
75 Annex 2. Compilation of statements by the National Government against the newspaper El Universo. Annex Nº 85 of the Initial Petition
presented to the IACHR on October 24, 2011, and Annex 2. Documents Under-Secretariat of Information. Annex No. 96 of the Initial Petition
presented to the IACHR on October 24, 2011. See also, Enlace Ciudadano Nº 224, 333, 388, y 369. Available at:
https://www.youtube.com/watch?v=5vyGZ4dHDgw;
https://www.youtube.com/watch?v=UsKLPhJVkH4;
https://www.youtube.com/watch?v=SedofUeWSYQ, and https://www.youtube.com/watch?v=1u6qck3DM5w, respectively. See also,
Initial Petition presented to the IACHR on October 24, 2011, pages 37 to 44.
76 Annex 2. Compilation of statements by the National Government against the newspaper El Universo. Annex Nº 85 of the Initial Petition
presented to the IACHR on October 24, 2011, page 6, citing a piece of news from Ecuador TV, March 31, 2011.
77 Annex 2. Compilation of statements by the National Government against the newspaper El Universo. Annex Nº 85 of the Initial Petition
presented
to
the
IACHR
on
October
24,
2011,
and
Enlace
Ciudadano
Nº
224.
Available
at:
https://www.youtube.com/watch?v=5vyGZ4dHDgw
78 Annex 2. Compilation of statements by the National Government against the newspaper El Universo. Annex Nº 85 of the Initial Petition
presented to the IACHR on October 24, 2011, pages 10 and 11. See also, Enlace Ciudadano Nº 224 and 225. Available at:
https://www.youtube.com/watch?v=5vyGZ4dHDgw, y https://www.youtube.com/watch?v=qS7FBwDSR7E
79 Rafael Correa / Official Twitter account @MashiRafael. February 15, 2012. Available at:
https://twitter.com/mashirafael/status/169909175403560961
80 Rafael Correa / Official Twitter account @MashiRafael. February 15, 2012. Available at:
https://twitter.com/mashirafael/status/169892120109387776
73
74
13