In this case, the issue in question is not the application of Article 11 of the Convention in
relation to the protection of honor and dignity, but of Article 13, in relation to freedom of
thought and expression.
129. Given that, under the terms of the Convention, the publication of an article of public
interest concerning a public official cannot be considered a criminal offense or a crime against
honor, the Court concludes that the fact that such conduct was sanctioned in this case
constituted a violation of Article 13(2) of the American Convention, in relation to Article 1(1)
thereof, to the detriment of Mr. Tulio Álvarez Ramos.
130. The parties also argued that Mr. Álvarez’s political rights were violated by virtue of the
additional penalty of political disqualification ordered by the judgment of the Seventh Trial
Court. In this regard, given that the criminal prosecution and the sanction imposed on Mr.
Álvarez was considered to violate Article 13 of the Convention, the Court concludes that the
additional penalty of restricting his political rights violated Article 23 of the American
Convention, in relation to Article 1(1) thereof.
131. As to the argument that the penalty of political disqualification was imposed for a period
longer than the duration of the sentence, given the decision by the Professors’ Association of
the Central University of Venezuela to not allow Mr. Álvarez to register in its electoral register,
the Court notes that this measure was revoked through the amparo granted by the Electoral
Chamber of the Supreme Court, and that professor Álvarez was included in the electoral
process in which he hoped to participate. Therefore, the application of political disqualification
does not appear to have continued beyond the term of the sentence, as alleged by the
Commission and the representatives, nor were Mr. Álvarez’s political rights impaired on that
occasion.
B.4 Conclusions
132. Consequently, the Court concludes that Venezuela violated the right to freedom of
expression and political rights, pursuant to Articles 13(1), 13(2) and 23 of the American
Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment of Mr. Tulio
Álvarez Ramos. Having regard to the foregoing conclusions, the Court does not consider it
necessary to rule on the alleged violation of the principle of legality (Article 9) and the duty to
adopt provisions of domestic law (Article 2).
VIII-2
RIGHT TO A FAIR TRIAL132
A.
Arguments of the parties and of the Commission
133. The Commission alleged that the State violated Article 8(2)(f) of the American
Convention, because it did not provide elements to justify the arrest of one of Mr. Álvarez’s
witnesses while he testified during the trial hearing. It argued that this measure had no legal
basis, was not necessary or proportionate to achieve the aims of a democratic society and was
not justified by the need to safeguard the administration of justice.
134. The Commission recalled that there was no record in the case file to explain, nor did
the Venezuelan State explain, the legal basis and well-founded reasons for which Mr. Álvarez
was denied access to copies of the videos and interviews used as evidence prior to the start
of the oral trial. These declarations formed the basis of the amendment of the criminal
132
Article 8 of the American Convention.
26