president, the journalist accuses him, clearly and precisely, that, deprived of liberty,
he gave the order to shoot against a hospital and that with that he committed a crime
against humanity, for which he advises him to request an amnesty and not to decree
a pardon, in order to achieve his own impunity in the future. In addition to qualifying
the president's intervention as criminal and typical of a crime against humanity, he
holds him responsible for his own kidnapping and life-threatening risk, since he
considers his conduct reckless, implying that it was almost bravado.
133. In order to adequately gauge the seriousness of the last of these accusations,
prior knowledge of a certain local political tradition in the face of coups d'état is
necessary. Like all our countries, Ecuador has some characteristics that are typical
of its political culture, among which it is highlighted that, in democratic governments,
attempted coups and other serious disturbances of public order have historically
always been disarmed with direct, personal intervention by the presidents
themselves, as evidenced throughout its history of the last century by the conduct of
the one who marked the country's politics for decades, with five presidential terms,
only managing to normally complete one without being overthrown by a coup
d’etat. 35
134. The disqualification of the constitutional president’s conduct in defense
precisely of the constitutional order, through the accusation of a crime against
humanity and his victimization and threat to life as a result of conduct that is
classified as clumsy and reckless, but that is culturally appropriate according to the
national historical experience, is implicitly underestimating the coup attempt itself,
that is, minimizing the attempt to alter the institutionality, the seriousness and
violence of the armed rebellion.
135. It is clear that in this case it is not a question of a simple ordinary slander in
which only the values of the right to exercise journalistic criticism and the honor of
the official must be weighed, but rather that also relevant in the weighing is the
disqualification of the role of the executive in defense of the constitutional order and
the minimization or underestimation of an armed rebellion.
136. In these circumstances and in this case, another value must also be weighed,
which is that of the duty of the democratic authorities to defend the constitutional
order in the face of an attempted coup d'état carried out with weapons provided by
the State itself.
137. It cannot be considered that this slander responded to a public interest
objective, when it was clearly intended to disqualify a State executive and
underestimate the seriousness of the threat against which it acted.
138. I insist that it is not just a matter of evaluating and weighing the right to
freedom of information that must be guaranteed as necessary to control the proper
functioning of an administration, against the right to honor of an official who, as was
said, yields before the former. Rather they tried to manipulate that freedom to
minimize a rebellion with a personal attack on the holder of a State power and
discredit his intervention in the event. The value that is added to the weighting is the
preservation of the constitutional order and the image of the democratic power of the
State in its defense in a serious emergency situation.
139. The Commission itself, always extremely careful of the constitutional and
international right to criticism and journalistic allegation, in its Annual Report of 2018,
demands that the punishability of these crimes be limited solely and exclusively to
exceptional circumstances in which there is an evident threat and direct anarchic
35
Cfr. Robert Norris, ‘El gran ausente’. Biography of Velasco Ibarra, Quito, 2005.
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