55
f)
both the European Court of Human Rights (hereinafter “the European
Court”) and the United Nations Human Rights Committee have recognized
that freedom of expression is not limited to allowing acceptable ideas and
opinions to circulate, but also those that are unpopular and minority;
g)
in a democratic society, the press has the right to inform freely and to
criticize the Government, and the population has the right to be informed of
what is happening around it;
h)
in Peru, systematic repressive practices are carried out, designed to
silence investigative journalists who have denounced irregularities in the
conduct of the Government, the Armed Forces and the National Intelligence
Service;
i)
the exercise of freedom of expression in Peru is not protected, in
practice, by effective judicial guarantees that allow the investigation,
punishment and reparation of abuses and crimes against journalists; and
j)
the overall evaluation of the attacks on investigative journalism
reveals the existence of a plan designed to persecute and harass investigative
journalists, by the Intelligence Services, the Security Forces and other State
institutions. This is shown by the persistence over time and the similarity of
the campaigns of harassment and persecution, and also the similitude of the
investigation and denunciation activities of the victims.
The State’s arguments
144. Peru did not submit any arguments on this issue, since it did not appear
before the Court in the case sub judice (supra para. 78).
*
*
*
The considerations of the Court
145.
Article 13(1), 13(2) and 13(3) of the American Convention establishes that:
1.
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.
2.
The exercise of the right provided for in the foregoing paragraph shall not be
subject to prior censorship but shall be subject to subsequent imposition of liability,
which shall be expressly established by law to the extent necessary to ensure:
a.
Respect for he rights or reputations of others;
b.
The protection of national security, public order, or public health or
morals.
3.
The right of expression may not be restricted by indirect methods or means,
such as the abuse of government or private controls over newsprint, radio broadcasting
frequencies, or equipment used in the dissemination of information, or by any other
means tending to impede the communication and circulation of ideas and opinions.
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