V. EXAMINATION OF THE MERITS A. Examination of the alleged violation of the rights to life (Article 4),113 freedom of thought and expression (Article 13),114 a fair trial (Article 8),115 and judicial protection (Article 25),116 as well as the general obligation to respect rights (Article 1(1))117 of the American Convention 110. As the Inter-American Court and the Commission have repeatedly held,118 the American Convention imposes upon the States special duties of prevention, protection, and the administration of justice for all acts of violence against journalists or media workers perpetrated with the intent to silence them. Indeed, the bodies of the inter-American system have held that, given the significance of the social role they play, violence against journalists creates a profoundly negative effect on the exercise of freedom of expression of those who practice the profession of journalism and on the right of society in general to freely and peacefully seek and receive all kinds of information.119 As the Inter-American Court has observed, “journalism can only be [practiced] freely when those who carry out this work are not victims of threats or physical, mental or moral attacks or other acts of harassment.”120 111. In this respect, the Inter-American Court has held that “it is essential that journalists who work in the media should enjoy the necessary protection and independence to exercise their functions to the fullest, because it is they who keep society informed, an indispensable requirement to enable society to enjoy full freedom and for public discourse to become stronger.”121 113 Article 4 of the Convention establishes that “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.[…]” 114 Article 13(1) of the American Convention provides that “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 print, in the form of art, or through any other medium of one's choice.” 115 Article 8(1) of the American Convention states that “Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.” 116 Article 25(1) of the Convention establishes that “Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.” 117 Article 1(1) of the Convention states that “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 118 I/A Court H.R., Case of Vélez Restrepo and Family v. Colombia. Preliminary Objection, Merits, Reparations, and Costs. Judgment of September 3, 2012. Series C No. 248. Para. 194; IACHR. Report No. 136/10. Case 12.658. Luis Gonzalo “Richard” Vélez Restrepo and Family (Colombia). October 23, 2010. Para. 136; IACHR. Report No. 50/99. Case 11.739. Héctor Félix Miranda (Mexico). April 13, 1999. Para. 52; IACHR. Report No. 130/99. Case No. 11.740. Víctor Manuel Oropeza (Mexico). November 19, 1999. Para. 58. 119 I/A Court H.R., Case of Vélez Restrepo and Family v. Colombia. Preliminary Objection, Merits, Reparations, and Costs. Judgment of September 3, 2012. Series C No. 248. Para. 194; IACHR. Report No. 136/10. Case 12.658. Luis Gonzalo “Richard” Vélez Restrepo and Family (Colombia). October 23, 2010. Para. 136; IACHR. Report No. 50/99. Case 11.739. Héctor Félix Miranda (Mexico). April 13, 1999. Para. 52; IACHR. Report No. 130/99. Case No. 11.740. Víctor Manuel Oropeza (Mexico). November 19, 1999. Para. 58. 120 I/A Court H.R., Case of Vélez Restrepo and Family v. Colombia. Preliminary Objection, Merits, Reparations, and Costs. Judgment of September 3, 2012. Series C No. 248. Para. 209. 121 I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C No. 74. Para. 150; I/A Court H.R., Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series C No. 107. Para. 119

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