restrictions that go beyond what is allowed by law.160 The Court has held that when the
public authorities establish mechanisms or tale measures to prevent the free flow of
information, ideas, opinions or news, a “radical violation [occurs] of both the individual's
right to express him or herself and of society’s right to be informed, so that one of the basic
conditions of a democratic society is affected.”161 This scenario includes “prior censorship,
the seizure or banning of publications and, in general, all those procedures that subject the
expression or dissemination of information to State control.”162
140. The Inter-American Court has emphasized that “the profession of journalism […]
specifically involves seeking, receiving and imparting information. Thus, the exercise of
journalism requires a person to engage in activities that are defined or embraced in the
freedom of expression guaranteed in the Convention.” The professional exercise of
journalism “cannot be differentiated from freedom of expression, but rather, to the
contrary, both are evidently interrelated, since the professional journalist is not, and cannot
be, anyone other than a person who has decided to exercise freedom of expression in a
continuous, regular and paid manner.”163
141. The Court has emphasized that freedom of expression, particularly in matters of
public interest, “is a cornerstone in the very existence of a democratic society.” Without an
effective guarantee of freedom of expression, the democratic system is weakened and
pluralism and tolerance are shattered; the mechanisms of citizen control and complaint may
become ineffective and, ultimately, a fertile ground is created for authoritarian systems to
become entrenched.164
142. Regarding the events in this case, the Court finds it necessary to recall that Mr. Vélez
Restrepo was attacked while he was performing his journalistic tasks as a cameraman for a
national news program and that the attack by the soldiers was intended to harm his right to
freedom of thought and expression by preventing him from continuing to record the
incidents that were taking place (supra para. 78 to 81) and to disseminate the images he
had recorded. The Court underscores that, although the images that Mr. Velez Restrepo was
able to film were disseminated, this was due to the fact that, despite the beating he
received from the soldiers, he did not relinquish the camera and, even when this was
destroyed, the tape that contained the recording was not damaged and it was possible to
disseminate the images he had captured when soldiers participating in the actions to control
the protest demonstration attacked defenseless individuals. The Court also takes into
account that, from the words that the attackers shouted while they were hitting Mr. Vélez
Restrepo, it can be heard that they sought to take video “cassette” out of the camera, which
they were unable to do. However, this shows that their purpose was to stop the
dissemination of the images recorded by Mr. Velez Restrepo (supra para. 81). In addition,
the disciplinary decision issued next day against an Army sergeant, stated that “he ordered
a soldier under his command to seize the video camera of the cameraman [Luis Gonzalo
160
Cf. Advisory Opinion OC-5/85, paras. 53 and 54, and Case of Palamara Iribarne v. Chile. Merits,
reparations and costs. Judgment of November 22, 2005. Series C No. 135, para. 68.
161
Cf. Advisory Opinion OC-5/85, para. 54, and Case of Palamara Iribarne v. Chile. Merits, reparations and
costs, para. 68.
162
Cf. Advisory Opinion OC-5/85, para. 54, and Case of Palamara Iribarne v. Chile. Merits, reparations and
costs, para. 68.
163
Cf. Advisory Opinion OC-5/85, paras. 72 to 74, and Case of Fontevecchia and D’Amico v. Argentina.
Merits, reparations and costs, para. 46.
164
Cf. Advisory Opinion OC-5/85, para. 70, and Case of Ríos et al. v. Venezuela. Preliminary objections,
merits, reparations and costs, para. 105.
44