because they were unfounded and untrue. It added that the presumed victim had insisted on
making public allegations against Mr. Willian Lara, former President of the National Assembly.
89.
Venezuela pointed out that Mr. Lara had set aside his status as a public official to take
legal action as a private citizen, in defense of his honor and reputation. It emphasized that in
his legal action he decided not to invoke the criminal laws that protect the dignity of public
servants. On the contrary, he brought a case for criminal defamation applicable among private
parties.
90.
The State also affirmed that the constitutional amparo action filed by Tulio Álvarez was
admitted on November 25, 2009, by the Electoral Chamber of the Supreme Court of Justice.
The State recalled that the alleged victim has participated as a voter in electoral processes,
exercising with full freedom his right to vote. This shows that he was free from any legal
restriction that would prevent him for standing as a candidate for public office.
B.
Considerations of the Court
91.
In this section the Court will examine pertinent points of law related to the alleged
violation of Mr. Tulio Álvarez Ramos’ right to freedom of thought and expression. This analysis
considers the consequences of the criminal case brought against him by the former
congressman and President of the National Assembly of Venezuela, Willian Lara, for the
offense of ongoing aggravated defamation, following the publication of an opinion column in
the newspaper “Así es la Noticia”, in which Mr. Álvarez referred to the alleged diversion of
funds from the Savings Bank of the Workers, Employees, Retirees and Pensioners of the
National Assembly (supra para. 36).
92.
The Court will now analyze the matter in the following order: (1) content of the right
to freedom of thought and of expression; (2) permitted restrictions to the freedom of
expression and the application of subsequent liability, and (3) the case of Mr. Álvarez Ramos.
B.1. Content of the right to freedom of thought and expression
93.
The right to freedom of thought and expression is established in Article 13 of the
Convention. Likewise, Article 4 of the Inter-American Democratic Charter, the interpretative
instrument of the OAS Charter and of the Convention itself, considers it an essential
component of democracy.97
94.
With regard to the right to freedom of thought and expression, the Court has previously
indicated that those protected by the Convention not only have the right to seek, receive and
impart information and ideas of all kinds, but also to receive and be informed about
information and ideas imparted by others.98 For this reason, freedom of expression has an
individual dimension and a social dimension:
[i]t requires, on the one hand, that no one be arbitrarily limited or impeded in
expressing his own thoughts. In that sense, it is a right that belongs to each
individual. Its second aspect, on the other hand, implies a collective right to
Article 4 of the Inter-American Democratic Charter: “Transparency in government activities, probity, and
responsible public administration on the part of governments respect for social rights, and freedom of expression and
of the press are essential components of the exercise of democracy.”
98
Cf. Case of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008, Series C, No. 177, para.
53.
97
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