22 February 2012

Alert

Inter-American Commission on Human Rights orders suspension of sentences against "El Universo"


(WiPC/IFEX) - 22 February 2012 - The Writers in Prison Committee (WiPC) of PEN International welcomes the Inter American Commission on Human Rights' (IACHR) recent intervention in the criminal libel case against the Ecuadoran daily newspaper, El Universo. On 21 February 2012, the Commission ordered the Ecuadoran government to suspend the enforcement of the sentences handed down to the directors and former editor of the newspaper, pending a hearing between both parties. The hearing is scheduled for 28 March 2012 in Washington, DC.

In its statement, the IACHR said: "The facts reported to the Commission could constitute irreparable damage to Emilio Palacio's, Carlos Nicolás Pérez Lapentti's, Carlos Pérez Barriga's and César Pérez Barriga's right to free expression. Therefore, the Inter-American Commission on Human Rights calls on Your Excellency's government to immediately suspend the execution of the sentencing of 15 February 2012, with the object of guaranteeing freedom of expression."

On 20 July 2011, former editor of the newspaper Emilio Palacio and directors Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga, and César Pérez Barriga were sentenced to three years each in prison for publishing an article that President Correa said offended his honour. The ruling also awarded Correa $40 million in compensation. This decision, which represented a crushing blow to freedom of expression in Ecuador, was upheld by the Supreme Court on 16 February 2012.

On 16 February 2012 the WiPC of PEN International called on Ecuador to desist from executing sentencing pending a hearing before the IACHR.

On 8 February 2012, PEN International issued a statement on the worrying state of free expression in Ecuador, calling for the withdrawal of the case against El Universo and the decriminalizing of libel.


PLEASE SEND APPEALS:

• Protesting the three-year prison sentences and US$40 million in fines imposed on El Universo columnist Emilio Palacio and the newspaper's directors Carlos Eduardo Pérez Barriga, César Enrique Pérez Barriga, Carlos Nicolás Pérez Lapentti on 20 July 2011, and upheld on 16 February 2012 for allegedly libeling President Rafael Correa;
• Welcoming the Inter American Commission on Human Rights' order that Ecuador desists from executing the sentences, pending a hearing between both parties;
• Calling on Ecuador to act in accordance with the IACHR's decision;
• Urging the President and government to decriminalize defamation and all other press offences in line with article 13 of the American Convention on Human Rights and the jurisprudence of the Inter American Court of Human Rights.


APPEALS TO:

President
Presidente Rafael Correa
Palacio de Carondelet, García Moreno No. 10-43, entre Chile y Espejo, Quito, Ecuador
Email: presidencia@presidencia.gob.ec, Rafael.correa@presidencia.gob.ec
Fax: +593 2 258 0714
Salutation: Dear Mr President/ Sr. Presidente

Justice and Human Rights Minister
Johana Pesántez Benítez
Ministra de Justicia y Derechos Humanos
Av. Amazonas No. 34-451 y Atahualpa, Quito, Ecuador
Fax: +593 2 292 3804/ +593 2 246 4914
Email: info@minjusticia-ddhh.gov.ec
Salutation: Dear Minister/Sr. Ministro

And/or via diplomatic representatives of Ecuador in your country.

***Please send appeals immediately. Check with PEN International if sending appeals after 28 March 2012***

Source:

Writers in Prison Committee, PEN International
Brownlow House
50-51 High Holborn
London WC1V 6ER
United Kingdom
wipc (@) pen-international.org
Phone: +44 20 74050338
Fax: +44 20 74050339
@pen_int
 

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More on this case

IFEX-ALC acknowledges Ecuadoran president's decision 19 March 2012 Fundamedios welcomes "El Universo" pardon, but calls for continued monitoring of government's actions 29 February 2012 Government supporters start campaign opposing international press and human rights organisations 29 February 2012 President pardons "El Universo" executives and writers; drops lawsuit against "El Gran Hermano" authors 28 February 2012 Fundamedios condemns brutal blow against fundamental freedoms 23 February 2012 Panama grants diplomatic asylum to "El Universo" director 21 February 2012 Judge claims president's attorney dictated original sentence against "El Universo" 16 February 2012 Sentence against "El Universo" is a setback for democracy 16 February 2012 Tribunal sets new date for the review of facts in "El Universo" case 14 February 2012 National Court of Justice ratifies three-year prison sentence against Emilio Palacio 5 January 2012 Former columnist faces second lawsuit for slander 19 October 2011 "El Universo" threatened with two more lawsuits 30 September 2011 Tribunal upholds sentencing of newspaper, its directors and former feature writer on defamation charge 22 September 2011 President's attorney asks public prosecutor to initiate additional legal action against "El Universo" newspaper 8 September 2011 Faced with ongoing legal action, journalist decides to leave the country 30 August 2011 Defence lawyers question judge's independence in case against newspaper; opinion editor faces new lawsuit 25 August 2011 Cyber activists hack municipality's webpage in protest against government's attacks on free expression 11 August 2011 Newspaper directors, writer sentenced to three years in prison, US$40 million fine 21 July 2011 Columnist resigns in attempt to stop president's lawsuit against paper 12 July 2011 President requests more than 150 reports about directors and feature writer in connection with lawsuit against newspaper 24 June 2011 President demands US$80 million in case against newspaper, directors and feature writer 1 April 2011


 
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