servants and about matters of public interest has been a worrisome trend in Venezuela since the time of the events in this case.49 These cases often remain open in the courts for many years, resulting in intimidation and self-censorship that disproportionately affects the right to freedom of expression, as recognized by the Court and the Commission in the case of Néstor José and Luis Uzcáteguí et al. v. Venezuela.50 52. The IACHR and its Office of the Special Rapporteur indicated in its 2011 Annual Report that the criminal laws in Venezuela contain provisions that are incompatible with Article 13 of the American Convention and emphasized the need to revise the legal framework governing crimes against honor and criminal defamation51 that were still in force in Venezuela. 53. The State of Venezuela has not adopted measures to implement these recommendactions and, on the contrary, has widened the scope of desacato laws and criminal defamation provisions. In March 2005, the Criminal Code was amended to broaden the scope of the provisions protecting the honor and reputation of government employees from critical speech that may be considered offensive. Prior to the 2005 reform, the President of the Republic, the Vice President, government ministers, governors, the Mayor of the Metropolitan District of Caracas, the Supreme Court justices, the presidents of the Legislative Councils, and high court judges could press charges for the offense of criminal defamation. The legislative amendment expanded this list to include members of the National Assembly, the members of the National Electoral Council, the Attorney General, the Prosecutor General, the Ombudsperson of the People, the Inspector General, and members of the Military High Command.52 The 2005 reform preserved the offense known as “insult” [vilipendio] in Article 149, which is a type of criminal defamation against the institutions of the State, as well as the crime of “denigration of a public official” [ultraje contra la autoridad], contained in Article 222.53 The reform also preserved the offense of defamation [difamación] and included the penalties of steep fines, in addition to imprisonment.54 V. LEGAL ANALYSIS 54. The Commission will examine whether Articles 13, 22, 23, 8, and 25, all in relation to Articles 1.1 and 2 of the American Convention on Human Rights, have been violated in this case as the petitioner alleges. A. Freedom of thought and expression (Article 13) in relation to Articles 1.1 and 2 of the American Convention 55. Article 13 of the American Convention provides, in pertinent part: 49 Annex 19. IACHR Democracy and Human Rights in Venezuela. OEA/Ser.L/V/II. 3 Doc. 54. December 30, 2009. Paras. 381402; IACHR. 2001 Annual Report. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter II (Evaluation of the State of Freedom of Expression in the Hemisphere). OEA/Ser.L/V/II. Doc. 69. December 30, 2011. Para. 510-520. IACHR. 2013 Annual Report. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter II (Evaluation of the State of Freedom of Expression in the Hemisphere). OEA/Ser.L/V/II.149. Doc. 50. December 31, 2013. Para. 876-897; IACHR. 2014 Annual Report. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter II (Evaluation of the State of Freedom of Expression in the Hemisphere) OEA/Ser.L/V.II. Doc. 13. March 9, 2015. Para.114-1119. 50 IACHR. Report No. 88/10. Case 12.661. Merits. Néstor José and Luis Uzcategui et al. Venezuela. July 14, 2010. Available in Spanish at: http://www.cidh.org/demandas/12.661esp.pdf; I/A Court H.R., Case of Uzcátegui et al. v. Venezuela. Merits and reparations. Judgment of September 3, 2012. Series C No. 249. 51 IACHR. 2010 Annual Report. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter II (Evaluation of the State of Freedom of Expression in the Hemisphere). OEA/Ser.L/V/II. Doc. 5. March 7, 2011. Para. 412 a 524. 52 Criminal Code of Venezuela. 2005 Amendments. Official Gazette 5768E of April 13, 2005. Available at: http://www.ministeriopublico.gob.ve/web/guest/codigo-penal 53 Criminal Code of Venezuela. 2005 Amendments. Official Gazette 5768E of April 13, 2005. Available at: http://www.ministeriopublico.gob.ve/web/guest/codigo-penal 54 Criminal Code of Venezuela. 2005 Amendments. Official Gazette 5768E of April 13, 2005. Available at: http://www.ministeriopublico.gob.ve/web/guest/codigo-penal