D.4. Factual Remedy filed by Emilio Palacio Urrutia 74. By virtue of the decision of the Provincial Court, which declared the cassation appeal inadmissible, on October 7, 2011, Emilio Palacio filed a factual appeal. On October 7, 2011, the Provincial Court decided to “admit” the factual appeal “so that the Superior, the Criminal Chamber of the National Court of Justice, who by lot hears this process, pronounces on the appropriateness or not of this remedy and on the cassation appeal filed by the other defendants”. Consequently, it also decided to suspend the enforcement of the judgment ordered for Emilio Palacio Urrutia. 114 In December 2011, the Second Criminal Chamber of the National Court of Justice decided to deny the factual appeal filed by Emilio Palacio Urrutia. 115 D.5. Correa’s pardon 75. On February 21, 2012, the Inter-American Commission granted precautionary measures in favor of Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga. The measures were granted by virtue of the judgment of the National Court that confirmed the judgment that sentenced the beneficiaries to three years in prison and the payment of 40 million dollars (USD $30,000,000 by Emilio Palacio Urrutia, Carlos Nicolás Pérez Lapentti, César Enrique Pérez Barriga, and Carlos Eduardo Pérez jointly and severally and USD $10,000,000 by El Universo). The Commission considered that the facts alleged could constitute irreparable damage to the right to freedom of expression of the alleged victims, for which it requested the Government of Ecuador to immediately suspend the effects of the judgment of February 15, 2012, in order to guarantee the right to freedom of expression. 116 76. On February 27, 2012, the then President presented a brief before the National Court, by means of which he communicated his decision to grant the “pardon of the sentence in favor of Emilio Palacio Urrutia, Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga, César Enrique Pérez Barriga and the “El Universo” Limited Company.” 117. Similarly, he presented "the remission or lifting of the obligation to pay compensation and damages." 118 On February 28, 2012, the National Court of Justice accepted the request for pardon of the sentence and the remission of the payment of damages, losses and procedural costs, and ordered the case file to be archived. 119 By virtue of this, the Inter-American Commission lifted the precautionary measures and archived the file. E. Additional facts related to the case 114 Cf. Order of October 7, 2011, Provisional Court of Justice of Guayas (evidence file, folio 5679). Cf. Fact affirmed by the State in its Observations on the Merits Brief presented to the I/A Court H. R. on October 13, 2016 (merits file, folio 20). 115 116 Cf. IACHR. MC 406/11 – Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga, Ecuador. 117 Cf. Criminal Code (in force at the time of the events). Art. 113. The sentence terminates on forgiveness of the offended party for the infractions of adultery and slanderous and non-slanderous insult. If there are several participants, forgiveness in favor of one of them benefits the others. Cf. Brief of February 27, 2012, presented by Rafael Correa before the National Court of Justice (evidence file, folios 5682 to 5684). 118 119 Cf. Order of February 28, 2012, Criminal Chamber of the National Court of Justice (evidence file, folio 5686 and 5687). 28