Freedom of Expression
Press Release 37/01
THE SPECIAL RAPPORTEUR FOR FREEDOM OF
EXPRESSION CONDEMNS THE ARREST OF AN ATTORNEY BY
A MILITARY COURT
IN VENEZUELA
The Special Rapporteur for Freedom of Expression of the OAS, Santiago A. Canton, has condemned actions taken against attorney and university professor Pablo Aure Sánchez. The Law Professor of the University of Carabobo was arrested on January 8, 2001 by military intelligence agents following publication of an open letter in the Venezuelan daily newspaper El Nacional. The Third Military Tribunal considered that there were sufficient grounds to try the attorney for the crime described in Article 505 of the Code of Military Justice, which establishes sentences of three to eight years imprisonment for anyone "who in any way insults, offends, or belittles the Armed Forces." Later on, the Venezuelan authorities told the Office of the Rapporteur that the Military Court had released him on the day in question. The Special Rapporteur spoke on the telephone with Dr. Pablo Aure, who provided further details of his arrest and said that he had been freed for health reasons but that the trial by a military court continued.
The American Convention on Human Rights and the Declaration of Principles on Freedom of Expression clearly reject laws that restrict freedom of expression and the use of criminal or military proceedings to protect the honor of individuals. On this, the Inter-American Commission on Human Rights has stated:
"Laws penalizing the expression of ideas that do not incite anarchic violence are incompatible with the freedom of thought and expression enshrined in Article 13 of the American Convention and with its fundamental purpose of protecting and safeguarding the pluralist and democratic way of life."
In the same vein, the Special Rapporteur for Freedom of Expression recalls the following provisions of Articles 10 and 11 of the Declaration of Principles on Freedom of Expression:
"10 …Protection of a person's reputation should only be guaranteed through civil sanctions in those cases in which the person offended is a public official, a public person or a private person who has voluntarily become involved in matters of public interest. In addition, in these cases, it must be proven that in disseminating the news, the social communicator had the specific intent to inflict harm, was fully aware that false news was disseminated, or acted with gross negligence in efforts to determine the truth or falsity of such news.
11. Public officials are subject to greater scrutiny by society. Laws that penalize offensive expressions directed at public officials, generally known as "desacato laws," restrict freedom of expression and the right to information."
Dr. Canton said that "in a democratic society, nobody should be jailed for exercising his or her right to freedom of expression." He added: "This action taken by the military authorities is extremely serious because it has an intimidating effect on all those who wish to exercise their right to express their views freely."
For the above reasons, the Special Rapporteur requests the Venezuelan authorities to review the steps taken against Mr. Aure and to revise the legislation restricting freedom of expression with a view to adapting it to the parameters established in the American Convention on Human Rights and the Declaration of Principles on Freedom of Expression. Finally, the Office of the Rapporteur for Freedom of Expression wishes to recall the provisions of Article 13 of the American Convention on Human Rights, which reads as follows:
"Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice."
Santiago A. Canton
Special Rapporteur
for Freedom of Expression
January 10, 2001
Washington, D.C.