121. The Court notes with concern that the sanction imposed on Mr. Baraona had a chilling effect on him and was disproportionate to the objective pursued. The Court finds that the application of the criminal offense of serious insults in this case constituted an indirect means of restricting freedom of expression by affecting him both personally and socially. 122. On the one hand, the conviction and fine imposed (supra para. 59), despite the subsequent dismissal of the case (supra para. 64), had the effect of inhibiting Mr. Baraona from speaking out on matters of general public interest, and from taking part in the public debate in Chile on the alleged acts of corruption and illegal logging of alerce trees. During the two years after his conviction, Mr. Baraona did not make any statements. As a result, he was affected on a personal level, given that his continued participation in these discussions caused him to fear another criminal sanction. In his statement before this Court, Mr. Baraona stated the following: The crime I was accused of is a crime that in Chile normally carries 40 days of imprisonment, which is the norm. Anyone convicted of slander is sentenced to 40 days in prison, [but] I was given 300 days, because the message is: never again, do not speak out again. Because the message was not for me, it was for everyone who could have cooperated and provided background information. That is silencing, that is what happened to me, 300 days.155 123. When Mr. Baraona decided to participate again in the public debate in 2006, by speaking on the “Piel de Jaguar” channel, both he and the program’s executive director were again threatened with the punitive power of the State, through the filing of a lawsuit (supra para. 65). In this regard, the Court notes that, after being prosecuted twice and criminally convicted, Mr. Baraona abandoned his plan to play an active role in environmental issues and the defense of the alerce and, as he stated in the public hearing, he has faced difficulties in his professional practice. 124. On the other hand, there is no record that the debate has continued with the same force in the public sphere. Mr. Baraona noted that, in 2004, “prominent people in Chile were motivated by the issue”; however, after his interview and criminal prosecution: They also silenced a part of their inner being, they never again - if you review the press in Chilethey never again participated in any complaint, in any act of environmental protection in the face of abuse by both the State and the private sector, because the private sector can also abuse the environment. So, many other lawyers, many other people that I know, and I myself kept silent.156 125. The Court notes that, although the case against Mr. Baraona Bray was definitively dismissed, the conviction judgment negatively affected his right to freedom of expression. Indeed, during the public hearing in this case, Carlos Baraona Bray stated that, from the moment of his conviction, he stopped making statements for approximately two years on the illegal logging of the alerce tree, and on the participation of Senator SP or any other public official in this matter.157 In addition, the Court considers that, although the State claims that the dismissal of the case would be equivalent to an acquittal that puts an end to the criminal proceedings and has the effect of res judicata, Mr. Baraona’s conviction had the effect of preventing him from making statements about the logging of alerce trees and the conduct of public officials in relation to this matter. 126. On this point, the Court recalls that international environmental standards emphasize the importance that States adopt adequate and effective measures to protect the rights to freedom of opinion and expression as well as access to information in order to guarantee citizens’ participation in environmental issues, since this of vital importance for the realization 155 156 157 Statement of Carlos Baraona Bray at the public hearing before the Court, supra. Statement of Carlos Baraona Bray at the public hearing before the Court, supra. Cf. Statement of Carlos Baraona Bray before the Court, supra. 38