25 C) On the restriction of freedom of expression in relation with the order of parole 95. “[T]he Commission stressed that the order of parole by the First Military Tribunal for the Execution of Judgments of Caracas of December 24, 2007 includes, inter alia, prohibitions to make statements in the media and to attend demonstrations.” “The prohibition to make statements about matters directly affecting and in direct relation with the way in which the Venezuelan authorities have led this case, as well as the prohibiton to exercise the right of expression, violates Article 13 of the Convention and may allow for the continued penalization of the victim for his expressions, preventing the victim from participating in matters of public debate.” 96. To that end, for the representatives said, “restriction of their freedom of expression, in addition to being unlawful and arbitrary, is unacceptable in a democratic society. It constitutes censoring in the m[ost] traditional sense possible. […] Article 505 of the Organic Code of Military Justice points out that whoever insults the Armed Forces ‘shall be subject to three to five years in prison,’ but it does not state that apart from prison the individual shall remain silent or that, during the period of his judgment, the individual shall not be allowed to make any comments about the nature of the accusation made against him, the nexus of the tribunal with other instances of the Public Power, the behavior of the tribunal during his trial, the evidence that was not received or assessed by the tribunal, or the consistency of the arguments in the judgment with the evidence provided by the parties therein. 97. The State did not refer to this issue as part of its allegations. 98. The Tribunal observes that, as mentioned in the file, on December 24, 2007 the First Tribunal to Execute Judgments of Caracas issued a resolution,78 through which Mr. Usón Ramírez was granted the benefit of parole, with a series of conditions and prohibitions. 79 99. Within the framework of the public hearing held in this case, Mr. Usón Ramírez affirmed “that he exercised severe self-censorship in order to express himself within the limits in which he was allowed to express himself.”80 100. In view of the claim by the Commission and the representatives that this Court should declare that these facts –particularly operative paragraphs four and six of the stated 78 Cf. Order of the First Military Tribunal of Execution of Judgments on December 24, 2007 (case file of attachments to the answer of the petition, tomo X, fs. 8020 a 8031). 79 The Order of December 24, 2007 of the First Military Tribunal of Execution of Judgments of Caracas contained the following conditions: 1) “[p]rohibited exit from the territorial jurisdiction of [said] First Military Tribunal of Execution of Judgments, which means, District Capital, State of Miranda and State of Vargas without authorization of the same;” 2) “[n]o change without authorization of address where allegedly residing […];” 3) “[a]bstain from going near dangers places such as whore houses, bars or places where one consumes stupefacients or alcoholic beverages”; 4) “[p]rohibited from attending manifestations, walks, marches, mass gatherings, reunions, among others, of a political nature in relation to the charge contained in Article 407 Ordinal 1° of the Organic Code of Military Justice: Political Immobilization for the period of the crime”; 5) “[n]o conferring with questionable character and reputation or mess with punishable facts.”; 6) “[p]rohibited to give declarations to the various means of social communication (prints, radio broadcasts, audio visuals, among others) of the case involved in the present cause;” 7) “[d]o a study at a Educational Center regarding his possibilities or maintain a stable job and periodically present proof of study or work if that is the case, to the Judicial Office,” and 8) “[c]ome before this Military Tribunal the fifteenth (15) and last day of the month and if these days fall on a weekend or holiday, he should come the prior working days. Similarly, the failure to comply with any of this conditions is sufficient to revoke the benefit given hereby,” supra note 78. 80 Declaration of Mr. Francisco Usón Ramírez given at the Inter-American Court at the public hearing held during the XXXVIII Extraordinary Period of Sessions, celebrated on April 1, 2009, in Santo Domingo, Dominican Republic.