77. On August 24, 2011, the representatives of El Universo newspaper filed a constitutional action for precautionary measures before the Eleventh Court for Children and Adolescents of Guayas (hereinafter "the Eleventh Court"), in order to know the information that was in the computer equipment of the Fifteenth Court regarding the defendants. In particular, they considered that there were inaccuracies regarding the file that contained the text of the judgment of first instance, for which they requested an electronic copy of all the electronic files created between May 16, 2011, and July 20, 2011 in the computer used in the Fifteenth Court. For this reason, they requested the cloning of the hard drive of the head of the aforementioned Court. 120 78. On August 25, 2011, the Eleventh Court admitted the measure against Judge Oswaldo Sierra Ayora, who at that time was head of the Fifteenth Court. In the precautionary measure, the full copy of the contents of the hard drive of “the computer used by the defendant and the information regarding the process” in question was ordered. 121 On August 26, 2011, an exact copy of the hard drive of the Secretariat of the Court was made in the presence of a Notary Public and Judge Oswaldo Sierra. 122 On September 2, 2011, the specialist technician Alex Rivera presented a report on the expertise carried out regarding the cloned hard drive. In his report, he concluded that the computer file that contained the text set forth in the first instance judgment was not created on the computer equipment of the corresponding court, but rather came from an external computer whose username was "Chucky -Seven”. 123 79. On September 7, 2011, the Temporary Provincial Director of the Council of the Judiciary instructed an ex officio prosecution against those who served as judge of the Eleventh Court of the Family, Women, Children and Adolescents of Guayas, Fifteenth Judge of Criminal Guarantees del Guayas, Twenty-Fifth Alternate Notary of the Guayaquil canton, and Assistant of the Information Technology Unit of the Provincial Directorate of the Guayas Judiciary Council, for having allowed the procedure to be carried out. 124 On September 12, 2011, said persons were suspended from their duties for 90 days, by the Council of the Transitional Judiciary, considering that disciplinary offenses had been established. 125 80. The Court considers it pertinent to note that, in relation to the statements and affirmations of the Commission and the representatives, regarding the alleged violations of the alleged victims' human rights, and which have been indicated in this chapter on facts, Rafael Correa Delgado, in his amicus curiae brief submitted to this Court (supra par. 10 and 11) stated, inter alia, that there was no violation of the right to freedom of expression, since the article “NO to lies” contained a series of slanderous insults indicating that the then President "had ordered the open fire against a hospital full of civilians," which would have constituted "a crime against humanity committed by the former president." In this sense, he considered that he is not dealing with an opinion article of public interest, but rather an attack on his right to reputation, honor and 120 Cf. Constitutional Action of August 24, 2011 (evidence file, folio 5691). Cf. Order of the Eleventh Court of Children and Adolescents of Guayas of August 25, 2011 (evidence file, folios 5695 and 5696). 121 122 Cf. Notarial deed of August 26, 2011 (evidence file, folio 5701). 123 Cf. Technical report of September 2, 2011 (evidence file, folios 5703 to 5712). Cf. Official document of the Provincial Director of Guayas of the Council of the Transitional Judiciary of September 7, 2011 (evidence file, folio 5714). 124 125 Cf. Decision of the President of the Council of the Transitional Judiciary of September 12, 2011 (merits file 5716 to 5721). 29

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