Freedom of Expression
Press Release 39/01
SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION "SERIOUSLY CONCERNED" OVER COSTA RICAN COURT RULING
The OAS's Special Rapporteur for Freedom of Expression, Santiago A. Canton, expresses his serious concern about the judicial conviction of Mauricio Herrero Ulloa, a journalist on the daily La Nación. The Supreme Court of Justice in San José, Costa Rica, upheld a ruling that requires Mauricio Herrero Ulloa to pay an amount of money and to enter his name into the Judicial Record of Criminals for disseminating information published in the European media about alleged irregularities committed by Félix Przedborski, a former Costa Rican diplomat. In addition, La Nación, the newspaper that published this information, was also ordered to pay a sum of money and instructed to refrain from publishing the story on the Internet. This judgment was handed down in a lawsuit for offenses, libel, and slander brought by the former diplomat against the journalist and the newspaper.
The American Convention on Human Rights and the Declaration of Principles on Freedom of Expression clearly reject legislation that restricts free expression. In this regard, the Inter-American Commission on Human Rights has stated that:
"Laws that penalize the expression of ideas which does not incite lawless violence are incompatible with freedom of expression and thought, as established in Article 13, and with the basic purpose of the American Convention to protect and guarantee a pluralistic and democratic way of life."
In addition, the Special Rapporteur for Freedom of Expression recalls the terms of Principle 11 of the Declaration of Principles on Freedom of Expression:
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.
In consideration of the above, the Special Rapporteur asks the Inter-American Commission on Human Rights to adopt precautionary measures with respect to the journalist Mauricio Herrera Ulloa and Mr. Fernán Vargas Rohrmoser, the representative of the newspaper La Nación. He also recommends that the laws restricting freedom of expression be reviewed to bring them into line with the parameters set forth 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 believes it would be appropriate once more to cite the provisions of Article 13 of the American Convention on Human Rights:
"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
March 1, 2001
Washington, D.C.