OAS » IACHR » Special Rapporteurship for Freedom of Expression » Ecuador

Freedom of Expression

Ecuador

    

            100.     In the course of the year, the Rapporteurship received information on extremely tense relations between the Presidency of Ecuador and the press.  The Rapporteurship understands that the relationship between the independent press and those who hold public office presupposes, on certain occasions, a considerable degree of discrepancy.  The Rapporteurship also understands the efforts of the government officials to respond to the criticisms.  Nonetheless, the Rapporteurship is concerned that on several occasions this year, information was received about announcements by the president related to intentions to undertake legal reforms or invoke legislation that would make it possible to limit freedom of expression.  The Rapporteurship views positively the fact that the State did not carry out these measures.

 

 

            Attacks and threats

 

            101.     On September 21, 2003, a condolence card was sent to the daily newspaper El Comercio in the form of a death notice announcing the death of Kintto Lucas, of the alternative newspaper Tintají; Pablo Dávalos, an analyst who works with several radio stations and newspapers; and Marlon Carrión, Marlene Toro, and Mauricio Ortiz, all journalists with the alternative press agency Pachacámac.[1]  The condolence note was signed Fernando María Buendía, one of the names used in previous threats attributed to the clandestine group Legión Blanca.[2]  The text of the notice was not published, but the newspaper reported the threat to the journalists.  According to the information received, Kintto Lucas had received threats before that time.

 

            Judicial actions

 

            102.     On May 29, 2003, former health minister of Ecuador Rodrigo Fierro, who is also a columnist in the daily paper El Comercio, wrote an article entitled “Febres Cordero en su sitio,” in which he criticized León Febres Cordero, former president of Ecuador and current deputy for the Partido Socialcristiano, for his alleged political meddling in the judiciary, and accused him of being one of those who caused Ecuador’s bankruptcy.  Later, Febres Cordero filed a suit against Fierro for defamation (injurias calumniosas y no calumniosas graves).  On September 19, Judge Luis Mora found Fierro guilty and sentenced him to a prison term of six months for defamation (injurias calumniosas).  On September 22, 2003, Fierro filed an appeal, the hearing on which was held on November 28.  At the time this report was drafted, no ruling had been handed down.  At Fierro’s request, the Supreme Court decided to investigate the actions of Judge Mora, whose impartiality was questioned by Fierro, given his ties to the Partido Socialcristiano.  The four magistrates who were to study the irregularities allegedly committed by the Judge determined that Mora had not committed any illegal act during the trial.  According to the report by these magistrates, Mora participated in the trial as a result of a ruling of the National Judicial Council, whose authorities put him in charge of the proceedings of the Third Criminal Court.[3]

 

            Access to information

 

            103.     In January 2003, the Rapporteurship received information on complaints by media workers who were covering the Presidency of the Republic, who had difficulties gaining access to certain information and certain government officials.  Among other problems, it was difficult for them to learn with proper lead time the daily schedule of President Lucio Gutiérrez, and to obtain information related to the decrees signed by him and the appointments of several government officials.[4]  During that same month, the press office (Secretaría de Comunicación) of the Presidency made the first decisions to expedite the delivery of official information on the activities of the Executive.[5]

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