-41-
76.
In this regard, the Court has established that, according to the protection granted
by the American Convention, the right to freedom of thought and expression includes
“not only the right and freedom to express one’s own thoughts, but also the right and
freedom to seek, receive and impart information and ideas of all kinds.”73 In the same
way as the American Convention, other international human rights instruments, such as
the Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights, establish a positive right to seek and receive information.
77.
In relation to the facts of the instant case, the Court finds that, by expressly
stipulating the right to “seek” and “receive” “information,” Article 13 of the Convention
protects the right of all individuals to request access to State-held information, with the
exceptions permitted by the restrictions established in the Convention. Consequently, this
article protects the right of the individual to receive such information and the positive
obligation of the State to provide it, so that the individual may have access to such
information or receive an answer that includes a justification when, for any reason
permitted by the Convention, the State is allowed to restrict access to the information in
a specific case. The information should be provided without the need to prove direct
interest or personal involvement in order to obtain it, except in cases in which a
legitimate restriction is applied. The delivery of information to an individual can, in turn,
permit it to circulate in society, so that the latter can become acquainted with it, have
access to it, and assess it. In this way, the right to freedom of thought and expression
includes the protection of the right of access to State-held information, which also clearly
includes the two dimensions, individual and social, of the right to freedom of thought and
expression that must be guaranteed simultaneously by the State.74
78.
In this regard, it is important to emphasize that there is a regional consensus
among the States that are members of the Organization of American States (hereinafter
“the OAS”) about the importance of access to public information and the need to protect
it. This right has been the subject of specific resolutions issued by the OAS General
Assembly.75 In the latest Resolution of June 3, 2006, the OAS General Assembly,
“urge[d] the States to respect and promote respect for everyone’s access to public
information and to promote the adoption of any necessary legislative or other types of
provisions to ensure its recognition and effective application.”76
79.
Article 4 of the Inter-American Democratic Charter77 emphasizes the importance
of “[t[ransparency in government activities, probity, responsible public administration on
the part of Governments, respect for social rights, and freedom of expression and of the
73
Cf. Case of López Álvarez, supra note 72, para. 163; . Case of Ricardo Canese, supra note 72, para.
77; and . Case of Herrera Ulloa, supra note 72, para. 108.
74
Cf. . Case of López Álvarez, supra note 72, para. 163; . Case of Ricardo Canese, supra note 72, para.
80; and . Case of Herrera Ulloa, supra note 72, paras. 108-111.
75
Cf. Resolution AG/RES. 1932 (XXXIII-O/03) of June 10, 2003, on “Access to Public Information:
Strengthening Democracy”; Resolution AG/RES. (XXXIV-O/04) of June 8, 2004, on “Access to Public
Information: Strengthening Democracy”; Resolution AG/RES. 2121 (XXXV-O/05) of June 7, 2005, on “Access to
Public Information: Strengthening Democracy”; and AG/RES. 2252 (XXXVI-O/06) of June 6, 2006, on “Access
to Public Information: Strengthening Democracy.”
76
Cf. Resolution AG/RES. 2252 (XXXVI-O/06) of June 6, 2006, on “Access to Public Information:
Strengthening Democracy,” second operative paragraph.
Cf. Inter-American Democratic Charter adopted by the General Assembly of the OAS on September 11,
2001, during the twenty-eighth special session held in Lima, Peru.
77