Inter-american commission on human rights



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23. PRESS RELEASE R61/11
OFFICE OF THE SPECIAL RAPPORTEUR DEPLORES MURDERS OF JOURNALIST AND HIS FAMILY IN MEXICO
Washington D.C., June 23, 2011 — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the murders of journalist Miguel Ángel López Velasco, his wife and his son, committed June 20th around 6 a.m. in their home in Veracruz. The Office of the Special Rapporteur urges the State to conduct a timely, diligent, and thorough investigation of these crimes. It also again calls upon the State to implement a comprehensive policy of prevention, protection and pursuit of justice in view of the context of violence that journalists and the media suffer in Mexico.
Miguel Ángel López Velasco – also known as "Milo Vela" in his column – was a well-known journalist, deputy director of Notiver, a widely-circulated newspaper in Veracruz. The murdered journalist specialized in the subjects of security, politics, and drug trafficking. According to the information the Office of the Special Rapporteur has received, he was murdered by gunshot in his home together with his wife, Agustina Solana, and his son while they slept. His son Misael López Solana, also a victim of the triple murder, was a journalist in the same newspaper.
In its 2007 Annual Report, the Office of the Special Rapporteur documented that on May 3 of that year, a human head was left in front of the offices of Notiver with a note that said "this is a gift for the journalists, more heads will roll and Milo Vela knows it very well."
The murder of Miguel Ángel López Velasco, his wife and his son take place within the contest of a grave situation of violence from organized crime against journalists and media employees in Mexico, as the Office of the Special Rapporteur established in its 2010 Special Report on Freedom of Expression in Mexico. Since the beginning of 2011 the following incidents have been reported: the murder of Maribel Hernández in Ciudad Juárez on January 31; the murder of Rodolfo Ochoa Moreno in the State of Coahuila on February 9; the disappearance and subsequent murder of Noel López Olguin in the State of Veracruz on March 8; the kidnapping and murder of Luis Ruiz Carillo, his family member, and José Luis Cerda Meléndez in Monterrey on March 25; and the disappearance of Marco Antonio López Ortiz in the State of Guerrero on June 7.
The Office of the Special Rapporteur notes the investigations initiated by both the state Prosecutor and the National Commission of Human Rights regarding the present case, as well as the State’s recent efforts to create a special protection mechanism for journalists at risk. Nonetheless, the Office of the Special Rapporteur insists on the urgency of strengthening the Office of the Special Prosecutor for Crimes against Freedom of Expression, transferring investigations of crimes committed against media workers to the federal justice system when the case requires it, and implementing security measures to effectively safeguard the lives and well-being of threatened journalists. Additionally, the Office of the Special Rapporteur insists that in order to combat impunity for the crimes committed as well as the repetition of this type of acts, it is indispensable for all the perpetrators of such crimes to be identified, tried, and punished, and for the victims’ families to receive due measures of reparations.
The Office of the Special Rapporteur reminds the Mexican State that, according to Principle 9 of the Declaration of Principles on Freedom of Expression of the IACHR, "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

24. PRESS RELEASE R66/11
OFFICE OF THE SPECIAL RAPPORTEUR CONDEMNS MURDER OF JOURNALIST IN COLOMBIA
Washington D.C., July 7, 2011 – The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights condemns the murder of freelance journalist Luis Eduardo Gómez, on Thursday June 30 in the town of Arboletes, Region of Urabá in the province of Antioquia, Colombia. The Office of the Special Rapporteur asks the authorities to conduct prompt and diligent investigations to establish the motive of the crimes, and to identify and appropriately punish the perpetrators.
According to information available to this Office, the journalist was on his way home with his wife in the middle of the night when two unknown men intercepted them, fired several against him and fled on a motorcycle.
The 70 year old journalist did freelance work for newspapers El Heraldo de Urabá and Urabá al Día, where he wrote about tourism and the environment. He was known for his investigations on management of public resources by local government, his involvement with the investigation of the death of his son and his demands to the State on the progress of said investigation, as well as for his role as witness to the Public Attorney in "Parapolítica" cases in the region.
The Office of the Special Rapporteur urges the Colombian authorities firmly pursuing the investigations, prosecution, and appropriate punishment of the perpetrators of this crime, as well as the just compensation of the victims’ relatives.
The Office of the Special Rapporteur reminds the State of Brazil that the ninth principle of the IACHR Declaration of Principles on Freedom of Expression states that "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

25. PRESS RELEASE R69/11
OFFICE OF SPECIAL RAPPORTEUR CONDEMNS MURDER OF BLOGGER IN BRAZIL AND RECOGNIZES AUTHORITIES' INITIATIVE IN INVESTIGATING THE CRIME
Washington, D.C., July 14, 2011—The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the murder of the Brazilian journalist and political leader, Edinaldo Filgueira, and recognizes the Brazilian authorities' speed in investigating the circumstances of the attack, and identifying and arresting several suspects. Filgueira was killed on June 15 in the town of Serra do Mel, in the state of Rio Grande do Norte.
According to the information available, three men approached Filgueira when he was leaving work and shot him at least six times. Filgueira had been president of the Workers’ Party in Serra do Mel and wrote a blog on political and regional issues. He had recently published an article in which he criticized community authorities, for which he had reportedly received death threats.
In a rapid response, on July 2 and 3, the authorities arrested five suspects in the murder and seized weapons and ammunition that may have been used in the attack. The prosecutors responsible for the investigation have told Brazilian media outlets that the attack on Filgueira was apparently motivated by his publications.
The Office of the Special Rapporteur takes note of the diligent response of the authorities and encourages the State of Brazil to continue the investigations so as to identify and arrest the masterminds of the murder, prosecute the suspects, and punish those shown to have participated in the attack. The Office of the Special Rapporteur believes that timely investigations are critical to combating impunity and preventing the recurrence of such crimes.
Principle 9 of the IACHR Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

26. PRESS RELEASE R70/11
OFFICE OF THE SPECIAL RAPPORTEUR CONDEMNS LATEST MURDER OF A JOURNALIST IN HONDURAS AND CALLS FOR A THOROUGH INVESTIGATION
Washington, D.C., July 18, 2010. – The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the murder of journalist Nery Jeremías Orellana, which took place on July 14, 2010, in the municipality of Candelaria, department of Lempira. The Office of the Special Rapporteur urges the State to conduct a prompt, diligent and thorough investigation and requests that the authorities not rule out the possibility that the crime was connected to the victim’s professional activities and his condemnations of human rights violations.
According to the information received, Orellana was on his motorcycle traveling to work at Radio Joconguera when unidentified gunmen shot him several times in the head. The journalist was rushed alive to a hospital in Sensuntepeque where he died hours later.
Orellana, 26, was the director of Radio Joconguera, in Candelaria, and was a correspondent for Radio Progreso. As director, he invited the Catholic Church and the National Front of Popular Resistance to participate in various programs, and he had assumed a critical position in response to the coup d’état against President Manuel Zelaya in 2009. Moments before being killed he had confirmed his participation in a July 15 meeting of community radio stations.
The Office of the Special Rapporteur believes it is essential that the Honduran State demonstrate its commitment to the fight against impunity through concrete action and effective investigations, and through the protection of media outlets and journalists. The Office of the Special Rapporteur also reiterates its concern over the lack of significant progress in solving the 13 murders of media workers committed since July 2009. In all these cases, it is the obligation of the State to adopt all necessary measures to identify the motive of the crime without arbitrarily dismissing the possibility that the media worker’s professional activity led to the murder. As a product of the investigations, the State should identify and prosecute those responsible, punish them where appropriate, and guarantee adequate reparation to the victims' family members.
Since 2009, the following journalists and media workers have been murdered in Honduras: Gabriel Fino Noriega, found dead in San Juan Pueblo on July 3, 2009; Joseph Hernández, murdered on March 1, 2010 in Tegucigalpa; David Meza Montesinos, murdered in La Ceiba on March 11, 2010; Nahúm Palacios, found dead in Tocoa on March 14, 2010; Bayardo Mairena and Manuel Juárez, murdered in Juticalpa on March 26, 2010; Jorge Alberto (Georgino) Orellana, found dead on April 20, 2010 in San Pedro Sula; Luis Arturo Mondragón, murdered on June 14, 2010 in El Paraíso; Israel Zelaya, murdered in San Pedro Sula on on August 24, 2010; Henry Suazo, found dead in La Masica on December 28, 2010; Hector Francisco Medina Polanco, murdered in Morazán on May 10, 2011; and Luis Mendoza Cerrato, murdered in Dalí on May 19, 2011. In none of the investigations have Honduran authorities reported any significant progress.
Also, the crime against Nery Jeremías Orellana occurs in a context of threats against the radio stations that have maintained an independent editorial position and have reported on issues of corruption and possible human rights violations. In particular, the Office of the Special Rapporteur has expressed its concern over the constant harassment and threats against journalists and media workers from the radio stations Guarajambala, La Voz Lenca, Faluma Bimetu (Coco Dulce) from the Garifuna community in the locality of Triunfo de la Cruz, and La Voz de Zacate Grande, as well as its concern regarding the situation of Radio Progreso, whose members are the beneficiaries of precautionary measures from the IACHR.
The ninth principle of the IACHR Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

27. PRESS RELEASE R71/11
OFFICE OF THE SPECIAL RAPPORTEUR EXPRESSES CONCERN OVER CRIMINAL CONVICTION OF TELEVISION JOURNALIST IN PERU
Washington, D.C., July 20, 2011 — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expresses its concern regarding the sentence handed down in Perú against Hans Francisco Andrade Chavez, a journalist with the network America TV, for the crime of aggravated defamation.
According to the information received, a criminal judge of Chepén sentenced the journalist to two years in prison, payment of 4,000 New Soles as civil damages (around US$1,460) and a fine equivalent to 120 working day wages because he defamed a deputy manager of Public Services of Chepén. The decision ordered the journalist to issue a public retraction and apologize for two days via the same media outlet, at his own expense. The journalist and his lawyer announced that they will appeal the judgment. The case originated in March when the journalist interviewed a member of a local political party, who in several media outlets accused the deputy manager of threatening her with death. The plaintiff only sued the America TV journalist.
The Office of the Special Rapporteur has expressed its concern over the application of the crime of defamation in Peru against individuals who have limited themselves to denouncing or expressing opinions critical of those who hold or have held public office. This issue is even more worrisome if the defendant is a journalist who interviews a person who is discussing a topic of public interest in the media.
The act of denouncing or expressing opinions against public servants or persons who have held public office is broadly protected under Article 13 of the American Convention on Human Rights. Expression cannot, under any circumstance, be qualified as an act of criminal defamation based solely on the fact that the public figure addressed feels offended. Individuals who hold or have held public office have a duty to withstand a higher degree of criticism and questioning, precisely because they voluntarily assume the administration of important public responsibilities.
Accordingly, principle ten of the Declaration of Principles on Freedom of Expression of the Inter-American Commission on Human Rights establishes that: "The 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."
The Office of the Special Rapporteur calls upon the competent judicial authorities of Peru to consider the international standards on freedom of expression currently in effect when rendering their decision in the case of Hans Francisco Andrade Chávez.

28. PRESS RELEASE R72/11
OFFICE OF THE SPECIAL RAPPORTEUR EXPRESSES PROFOUND CONCERN REGARDING CONVICTION OF JOURNALIST, DIRECTORS AND MEDIA OUTLET IN ECUADOR
Washington D.C., July 21, 2011. — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expresses its concern regarding the Judgment issued on July 20 by a provisional judge in Ecuador against the newspaper El Universo, three members of its board of directors, and the journalist Emilio Palacio. The conviction, for the crime of aggravated defamation against a public official, sentences the board members and the journalist to three years in prison and the payment of a total of US$ 40 million in damages for the personal benefit of President Rafael Correa: $30 million to be paid jointly by the convicted individuals and $10 million to be paid by the legal entity that owns the media outlet. Additionally, they must pay $2 million to the President’s attorneys in legal fees. The Office of the Special Rapporteur considers this decision contrary to regional freedom of expression standards and believes that it generates self-censorship and a notable chilling effect that impacts not only the individuals convicted but Ecuadorian society as a whole.
The case stemmed from an opinion column published by Palacio on February 6, 2011, entitled "No to Lies" ("No a las Mentiras"), which questioned in harsh terms the decisions allegedly made by President Correa during the events of September 30, 2010. The President categorically rejected Palacio’s allegations and presented a criminal complaint on March 21, 2011, in the belief that his reputation had been harmed. The President asked the trial court judge to sentence the reporter and the three board members to the maximum term of three years in prison, and the payment of $50 million in compensation. He also requested that the newspaper’s parent company pay $30 million in compensation.
Articles 489, 491, and 493 of TITLE VII of the Ecuadorian Criminal Code, entitled "CRIMES AGAINST HONOR," establish, inter alia, enhanced penalties for persons who make "a false criminal accusation" or "any other expression made to discredit, dishonor, or disparage" an "authority." In particular, under Article 493, persons who "make defamatory accusations against an authority" may be punished by a fine and one to three years in prison.
The criminal proceedings for aggravated defamation lasted four months. The trial, which was attended personally by the President, took place on July 19 in the city of Guayaquíl, on a day when groups of protesters supportive of the government insulted the defendants and a witness as they exited the tribunal. Prior to the hearing, the journalist Palacio had resigned from the newspaper in an effort to prevent a multi-million dollar judgment that could force the newspaper to close. In addition, on the day of the hearing, defense lawyers for El Universo offered President Correa a public rectification of the column in question on the terms that the President considered appropriate. The President rejected the settlement, however, and asked to continue the proceedings. According to the information received, before the hearing the government issued several statements in which it disparaged the daily El Universo, its board members, and the journalist Emilio Palacio. The provisional judge published his decision shortly before the end of his time in office as temporal judge of the 15th Court of Penal Guarantees. The President’s lawyer indicated that he would appeal the decision in the belief that the monetary damages awarded to the President should have been in the amount of $80 million dollars.
The existence and application of laws that criminalize expressions offensive to public officials, or desacato laws, in all of their forms, are contrary to inter-American standards in the area of freedom of expression. The Inter-American Commission on Human Rights, based on the American Convention on Human Rights, established more than a decade ago that the use of the criminal law to sanction expressions about public officials violates article 13 of the American Convention, which protects freedom of expression. Such sanctions are unnecessary, disproportionate, and cannot be justified by any imperative social interest; they also constitute a form of indirect censorship given their intimidating and chilling effect on the discussion of matters in the public interest.
Principle 11 of the IACHR’s Declaration of Principles on Freedom of Expression maintains that "Laws that penalize offensive expressions directed at public officials, generally known as ‘desacato laws,’ restrict freedom of expression and the right to information." Also, Principle 10 of this Declaration establishes that "the 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."
For its part, the Inter-American Court has established that vague and ambiguous defamation laws cannot be used to impute responsibility to those who have referred to public officials. At the same time, in evaluating the application of criminal law to those who criticize or circulate information that compromises high public officials, the Inter-American Court has observed that "[i]n a democratic society political and public personalities are more exposed to scrutiny and the criticism of the public. This different threshold of protection is due to the fact that they have voluntarily exposed themselves to a stricter scrutiny. Their activities go beyond the private sphere to enter the realm of public debate. This threshold is not based on the nature of the individual, but on the public interest inherent in the actions he performs."
In a decision of enormous importance, the Inter-American Court held that "[i]n the domain of political debate on issues of great public interest, not only is the expression of statements which are well [received] by […] public opinion and those which are deemed to be harmless protected, but also the expression of statements which shock, [offend] or disturb public officials or any sector of society."
The Inter-American Court has also established, with regard to eventual civil sanctions, that civil judgments in cases involving freedom of expression must be strictly proportional so as not to have a chilling effect on said freedom, since "the fear of a civil penalty, [in light of a] claim […] for […] very steep civil [damages], may be, in any case, equally or more intimidating and inhibiting for the exercise of freedom of expression than a criminal punishment, since it has the potential to [compromise] the personal and family life of an individual who accuses a public official, with the evident and very negative result of self-censorship both in the affected party and in other potential critics of the actions taken by a public official."
Based on the foregoing considerations, the Office of the Special Rapporteur recalls that high public officials are not only obligated to be more tolerant of criticism, they also have alternative means of enormous effectiveness in order to express their opinions about information or ideas that they consider unjust or offensive. In addition, the decision of July 20 constitutes a grave warning to any citizen or media outlet that has opinions or information about public officials that could be considered offensive, thus obstructing processes that are natural and necessary in any democracy. Finally, the sentence, if confirmed, would represent an economic burden that could threaten the very existence of the newspaper El Universo.
For these reasons, the Office of the Special Rapporteur exhorts the State of Ecuador to adapt its domestic legislation and practice to existing doctrine and jurisprudence in the area of freedom of expression, and calls on the competent judicial authorities to resolve the case of the newspaper El Universo, its board members, and the journalist Emilio Palacio in conformity with such international human rights standards.

29. PRESS RELEASE R78/11
OFFICE OF THE SPECIAL RAPPORTEUR CONDEMNS LATEST MURDER OF A JOURNALIST IN BRAZIL
Washington D.C., July 28, 2011 — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the murder of Brazilian journalist Auro Ida on Friday, July 22, in Cuiabá, Mato Grosso state. The Office of the Special Rapporteur urges the authorities to conduct a prompt and diligent investigation to establish the motive of the crime, and to identify and appropriately punish the perpetrators.
According to the information received, Auro Ida and a woman were inside his car when at least one unknown person approached the vehicle, asked the woman to get out of the car, and shot the journalist several times. The congressman and president of Mato Grosso’s Legislative Assembly, José Riva, told several local media outlets that Auro Ida had been threatened for several weeks because of his journalistic work. Police authorities have mentioned other possible hypotheses.
Auro Ida covered political issues, and he was the founder of the Mídia News website and a columnist for Olhar Direto, an online newspaper. During his long career he worked at A Gazeta newspaper, for several radios stations and magazines, and as director of communications for the government of Cuiabá.
During 2011 the following reporters have been murdered in Brazil: Luciano Leitão Pedrosa, who worked at TV Vitoria and Radio Metropolitana FM, and was killed on April 9 in Vitoria de Santo Antão, Pernambuco State; Valério Nascimento, owner of and reporter for the newspaper Panorama Geral, on May 3 in Rio Claro, in the State of Rio de Janeiro; and Edinaldo Filgueira, blogger and editor of Jornal O Serrano, killed on June 15 in the town of Serra do Mel, in the state of Rio Grande do Norte. In addition, on March 23, journalist and blogger Ricardo Gama survived an attack in which he was shot three times, in Rio de Janeiro.
The Office of the Special Rapporteur expresses its concern regarding these killings and calls upon the authorities to adopt all necessary measures to avoid the repetition of the crimes, identify and punish the direct perpetrators and masterminds, and ensure that the victims' families receive due compensation.
The ninth principle of the IACHR Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

30. PRESS RELEASE R81/11
OFFICE OF THE SPECIAL RAPPORTEUR CONDEMNS MURDER OF A JOURNALIST IN MEXICO
Washington D.C., July 29, 2011 — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the murder of Mexican journalist Yolanda Ordaz, who was found dead on Tuesday, July 26, in Boca del Río, Veracruz. The Office of the Special Rapporteur urges the authorities to conduct a prompt and diligent investigation to establish the motive of the crime and to identify and appropriately punish the perpetrators, and again exhorts the Mexican State to implement a comprehensive policy of prevention, protection and pursuit of justice in the face of the violence suffered by journalists and media outlets in the country.
According to the information received, Yolanda Ordaz was a reporter who covered crime and police issues for Notiver newspaper, in Veracruz. She had gone missing on Sunday, July 24, after telling her family that she was going out to cover a story. Her body was found beheaded behind the offices of Imagen del Golfo newspaper and near the radio station MVS.
This is the second murder of a Notiver reporter in the last month, and the fifth murder of a Mexican journalist in 2011 possibly related to the practice of the victim’s profession. On June 20, journalist Miguel Ángel López Velasco (known as Milo Vela)), Notiver's deputy executive editor, his wife and his son were killed in their home. In addition, in 2011 the following crimes have been reported: the disappearance and murder of Noel López Olguín, on March 8 in Veracruz; the killings of Luis Ruiz Carrillo and José Luis Cerda Meléndez, on March 25 in Monterrey; and the disappearance of Marco Antonio López Ortiz, whose whereabouts remain unknown, in Guerrero on June 7. Other attacks against media outlets have killed newspaper distributor Maribel Hernández, on January 31 in Ciudad Juárez, and engineer Rodolfo Ochoa Moreno, on February 9 in Coahuila.
In its 2007 Annual Report, the Office of the Special Rapporteur documented that on May 3 of that year, a human head was left in front of the offices of Notiver with a note that said "This is a gift for the journalists, more heads will fall, and Milo Vela knows it very well".
The Office of the Special Rapporteur again expresses its concern regarding these killings and urgently calls upon the authorities to strengthen the Office of the Special Prosecutor for Crimes against Freedom of Expression, transfer of investigations into crimes committed against members of the media to the federal justice system when required, and the implement security measures recently created that protect the lives and safety of threatened journalists. Additionally, the Office of the Special Rapporteur insists that in order to combat impunity for the crimes committed as well as the repetition of this type of acts, it is indispensable for all the perpetrators of such crimes to be identified, tried, and punished, and for the victims’ families to receive due measures of reparations.
According to the information available, investigators are examining different theories regarding the motives of the crime. The Office of the Special Rapporteur urges the Mexican authorities to diligently and rigorously investigate the possibility that the murder was motivated by Yolanda Ordaz’s reporting. Clarifying such crimes and punishing those responsible are necessary steps toward deterring violence and its impact on rights such as the right to life and freedom of expression.
The ninth principle of the IACHR Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

31. PRESS RELEASE R84/11
OFFICE OF THE SPECIAL RAPPORTEUR EXPRESSES CONCERN REGARDING SHOTS FIRED AT PUBLIC TELEVISION STATION IN VENEZUELA
Washington, D.C., August 3, 2011 — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expresses its concern regarding the armed attack against the Venezuelan state television station Vive TV Zulia, which occurred on July 31 and caused injuries to two of the station’s employees.
According to the information received, on Sunday morning unknown persons in a pickup truck passed in front of the station’s offices in Maracaibo, Zulia state, and fired several times as press employees of the station were leaving the building. As a result of the attack, policeman Gustavo Ceballos received a gunshot wound in the right leg and employee José Brito suffered a fractured leg, when he fell down a stairway while trying to protect himself from the bullets.
Vive TV Zulia is a Venezuelan state owned television, inaugurated by President Hugo Chávez in November 2003. It is part of a public regional TV network oriented to broadcast community-based, government and cultural activities.
The Office of the Special Rapporteur condemns these acts of violence and intolerance, and considers it essential that the Venezuelan state authorities investigate the attack promptly and diligently in order to prevent the repetition of such acts, identify, prosecute and, if appropriate, punish those responsible, and provide just reparations to the victims.
The ninth principle of the IACHR Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

32. PRESS RELEASE R85/11
OFFICE OF THE SPECIAL RAPPORTEUR CONDEMNS KIDNAPPING AND MURDER OF JOURNALIST IN DOMINICAN REPUBLIC
Washington D.C., August 4, 2011 — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the murder of journalist José Agustín Silvestre de los Santos which took place on August 2. The Office of the Special Rapporteur recognizes the Dominican authorities' rapid response and urges the State to conduct a thorough investigation that focuses on the possibility that the crime was connected to the victim’s investigative reporting.
According to the information received, on the morning of August 2, Silvestre de los Santos, 59, was forced inside a vehicle by several individuals in the town of La Romana. Hours later, his dead body was found with multiple bullet wounds on the highway that runs between La Romana and San Pedro de Macorís. The country’s Attorney General, Radhamés Jiménez, announced the creation of a special investigation committee would be to solve this case.
The information received indicates that Silvestre was executive editor of La Voz de la Verdad magazine, and anchorman of the La Voz de la Verdad television program on Caña TV, a local station. His critical and investigative reporting led to both legal proceedings and death threats against him. Recently, he had denounced alleged links between police and judicial authorities and organized crime. A week before the murder, Silvestre reported to the Dominican Journalists’ Association that on July 23 two vehicles had tried to intercept him.
The reporter was standing trial for defamation and libel as a result of his allegation regarding a possible infiltration of the Prosecutors’ Office of La Romana by drug traffickers.
The Office of the Special Rapporteur considers it essential that the State undertakes a prompt and diligent investigation in order to prevent the murder from going unpunished, establish the motive of the crime, identify all direct perpetrators and masterminds, appropriately compensate the victim's family members, and prevent the repetition of such attacks against journalists. Indeed, violence against media workers not only affects the victim's human rights, but also generates a very serious chilling effect on the right to freedom of speech.
The ninth principle of the IACHR Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

33. PRESS RELEASE R95/11
OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION CONDEMNS MURDER OF A JOURNALIST IN SINALOA, MEXICO
Washington D.C. August 26, 2011— The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights condemns the kidnapping and murder of the journalist Humberto Millán, which transpired in Sinaloa, Mexico, and requests that authorities undertake an exhaustive investigation that takes into account the possibility that the crime was motivated by the exercise of journalism.
According to the information received, Humberto Millán was kidnapped by several armed men on the morning of August 24th, in Culiacán, Sinaloa, when he was on his way to the radio station Radio Fórmula, where he hosted a journalistic program. On the morning of August 25th, the journalist was found dead, with a bullet wound in the head.
According to the information received by the Office of the Special Rapporteur, in additional to his work on the radio, Humberto Millán directed the digital newspaper A Discusión, where he specialized in local and national political information. The journalist, with over 30 years of experience in communications media, was well-known for his critical commentaries and his reports regarding alleged acts of political corruption.
The Office of the Special Rapporteur had knowledge of the establishment of an investigation commission for this case, headed by the Procuraduría de Justicia (Office of the Attorney General) of the State of Sinaloa, in collaboration with the Procuraduría de Justicia de la República (Office of the Attorney General of the Republic), and urges the authorities to carry out an exhaustive analysis of the circumstances of the crime and the journalistic work of the victim, as a possible motive of the homicide.
This is the sixth homicide committed against journalist in Mexico in 2011, possibly related to the practice of the victim’s profession. In 2011 the disappearance and subsequent murder of Noel López Olguín, on March 8 in Veracruz; the homicides of Luis Ruiz Carrillo y José Luis Cerda Meléndez, on March 25 in Monterrey; the death of Miguel Ángel López Velasco, on June 20 in Veracruz; and the murder of Yolanda Ordaz, on July 26 in Boca del Río, Veracruz have been reported. Furthermore, on June 7 the journalist Marco Antonio López Ortiz disappeared in Guerrero, and his whereabouts are still unknown. In other attacks against communications media the newspaper distributor Maribel Hernández died on January 31 in Ciudad Juárez; and the engineer Rodolfo Ochoa Moreno died on February 9 in Coahuila.
The Office of the Special Rapporteur again expresses its concern regarding these killings and urgently calls upon the authorities to strengthen the Office of the Special Prosecutor for Crimes against Freedom of Expression, transfer of investigations into crimes committed against members of the media to the federal justice system when required, and the implement security measures recently created that protect the lives and safety of threatened journalists. Additionally, the Office of the Special Rapporteur insists that in order to combat impunity for the crimes committed as well as the repetition of this type of acts, it is indispensable for all the perpetrators of such crimes to be identified, tried, and punished, and for the victims’ families to receive due measures of reparations.
The ninth principle of the IACHR Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."

34. PRESS RELEASE R96/11
OFFICE OF THE SPECIAL RAPPORTEUR EXPRESSES CONCERN OVER DETENTION OF JOURNALISTS AND SERIOUS MEASURES TAKEN AGAINST MAGAZINE IN VENEZUELA FOR PUBLISHING ARTICLE THAT OFFENDED THE AUTHORITIES
Washington D.C., August 31, 2011 — The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expresses its deep concern over the decision to temporarily ban circulation of the weekly publication Sexto Poder in Venezuela, as well as over the arrest, detention, and criminal prosecution of the weekly's editorial director and the arrest warrant issued against its publisher. The Office of the Special Rapporteur notes that these actions are contrary to regional freedom of expression standards and generate self-censorship and a palpable chilling effect that impacts not only those directly affected but all media outlets in Venezuela.
According to the information received, on Sunday, August 21, 2011, the weekly publication Sexto Poder published an article titled "Las poderosas de la revolución" ("The Powerful Women of the Revolution"), which was illustrated with a photo montage of six high-level female officials of the State of Venezuela. The story and illustration, of a satirical nature, featured Supreme Court President Luisa Estella Morales, Prosecutor General Luisa Ortega, Ombudswoman Gabriela Ramírez, Comptroller General Adelina González, National Electoral Council President Tibisay Lucena, and National Assembly Vice-President Blanca Eekhout, all depicted as cabaret dancers. The objective of the publication was to call attention to the alleged lack of independence of Venezuela's oversight institutions with respect to the national executive branch. Among other things, the publication contended that each of the representatives of the aforementioned institutions "played a specific role in the cabaret directed by Mister Chávez."
Some of the officials in question, as well as other high-level public officials, said the photo montage and text offended "the dignity of Venezuelan women" and constituted "gender-based violence." They claimed that the publication contained "hate speech," which "insulted" the officials and the institutions they represented and even threatened the stability of the Venezuelan government.
After learning of the publication, the Comptroller General is said to have presented a complaint against the journalists before the Prosecutor General’s Office. In less than 24 hours, the Ninth Court of First Instance with Monitoring Functions of the Criminal Judicial Circuit of Caracas issued a precautionary measure to ban "the publication and distribution by any means" of the weekly. The same court ordered the arrest of the director of Sexto Poder, Dinorah Girón, and of its publisher and general editor, Leocenis García, for alleged violations of Venezuela's Criminal Code as a result of the article's publication. On August 21, agents of the Boliviarian Intelligence Service (SEBIN) arrested journalist Girón, who was freed two days later after the Ninth Court ordered her conditional release. However, the court prohibited her from leaving the country and ordered her to appear before the courts every 15 days. She is also prohibited from talking publicly about her case or participating in public gatherings.
According to the information received, Leocenis García promised to turn himself in to the law enforcement authorities if and when the political persecution against the publication ceases.
On August 23, the Office of the Special Rapporteur requested information from the Venezuelan State regarding this case. In its response, the State indicated that as a result of the publication, Dinorah Girón is being charged with the crimes of "insult of a public official, public instigation of hatred, and public offense based on gender," while Leocenis García is being charged with "instigation of hatred, insult, and gender-based violence." According to the information provided by the State, these crimes are established in the Criminal Code and in the Organic Law on the Right of Women to a Life Free of Violence.
On August 29, the State informed the Office of the Special Rapporteur that the ban on publishing the weekly had been revoked. Nonetheless, the notification established serious limitations that impede Sexto Poder from publishing information that contains graphic or textual material that constitutes "an offense and/or insult to the reputation, or to the decorum, of any representative of public authorities, and whose objective is to expose them to public disdain or hatred." It also prohibited the publication of "humiliating and offensive content against the female gender" and ordered the removal of the copies of the August 20 edition that were at the disposal of the public. On August 28, the weekly could not circulate given that the injunctive measure originally adopted was in effect.
The Office of the Special Rapporteur observes that the decisions of the Venezuelan court impose a measure of prior censorship as well as disproportionate restrictions in a process which does not comport with the requirements of international human rights law.
The American Convention on Human Rights prohibits prior censorship and establishes that the exercise of the right to freedom of expression may only be subject to subsequent impositions of liability, which must be expressly established by law, clearly and with precision; be applied following a judicial proceeding by a body that provides guarantees of independence, impartiality and due process; and be strictly necessary in a democratic society.
Moreover, inter-American standards on freedom of expression expressly prohibit the arrest, incarceration, and criminal prosecution of an individual for having expressed opinions that disturb the authorities. These standards have been developed over the last three decades by the IACHR and the Inter-American Court of Human Rights in response to abuses by the authoritarian regimes of the past in the Americas, and should be guaranteed and safeguarded by all modern democracies. Along these lines, the Inter-American Court has held that freedom of expression must be guaranteed not only with respect to the dissemination of ideas and information viewed as favorable or considered inoffensive or innocuous, but also with respect to those that offend, shock, unsettle, displease, or perturb the State or any segment of the population. It has also held that opinions about public officials are not subject to prosecution or liability, lest a crime of opinion be established, a result that is completely proscribed by the American Convention.
The IACHR, for its part, has established the following in the tenth principle of its Declaration of Principles on Freedom of Expression: "The 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, the eleventh principle states that "[p]ublic 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."
The case of Sexto Poder is the second in less than two months in which the Venezuelan authorities have applied the Criminal Code to punish the expression of critical or dissenting opinions. Last July 13, a former Governor of the state of Zulia and potential presidential candidate, Oswaldo Álvarez Paz, was sentenced to two years in prison, with conditional release, for the crime of "disseminating false information," as a result of comments he made in a television interview regarding investigations into the alleged presence of drug trafficking and armed groups in Venezuela.
The Office of the Special Rapporteur reminds the Venezuelan authorities that the existence of a free, independent, pluralistic, and diverse media is an essential condition for the proper functioning of a democratic society. It also underscores that it is the State's duty to create the conditions for pluralistic, uninhibited democratic debate, for which there must be guarantees for the free operation of the media and for critical or dissenting speech. Consequently, the Office of the Special Rapporteur urges the Venezuelan authorities to adopt any necessary measures to ensure that this right is respected and guaranteed, in accordance with the international human rights treaties to which Venezuela is a State Party.

35. PRESS RELEASE R97/11
OFFICE OF SPECIAL RAPPORTEUR CONDEMNS MURDER OF TWO WOMEN JOURNALISTS IN MEXICO CITY
Washington, D.C., September 7, 2011—The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) condemns the murder of journalists Marcela Yarce Viveros and Rocío González Trápaga, whose bodies were found in a Mexico City park on September 1.
The authorities have not determined the motives behind the killings and are investigating several hypotheses. The Office of the Special Rapporteur requests that the authorities not rule out the possibility that the deaths were tied to the journalists’ professional practice and urges to conduct a thorough investigation, to clarify the circumstances of the crimes, identify and punish those responsible, and ensure just compensation for the victims' next of kin.
According to the information that has been received, the journalists had an appointment on the night of August 31. The last known contact with them was reportedly around 10 p.m. On the morning of September 1, some people passing through El Mirador park, in the Mexico City neighborhood of Iztapalapa, found the women's bodies, which showed signs of violence. Hours later, the authorities confirmed the identity of the victims.
Marcela Yarce, one of the founders of the magazine Contralínea, worked as a reporter and handled public relations for that publication. She had previously worked for various media outlets, both in the print media and television. Rocío González was a freelance journalist and a former news reporter for the Televisa television network.
Contralínea, founded in 2002, has become known for its critical coverage of political issues and especially for its important reporting on corruption. The magazine and its journalists have been targets of various acts of intimidation and harassment, including armed attacks, threats, the theft of equipment and information, and judicial restrictions.
These two murders bring to eight the number of journalists killed in Mexico in 2011 with regard to which authorities have not ruled out a connection to the practice of journalism. The previously reported homicides were those of Noel López Olguín, on March 8 in Veracruz; Luis Ruiz Carrillo and José Luis Cerda Meléndez, on March 25 in Monterrey; Miguel Ángel López Velasco, on June 20 in Veracruz; Yolanda Ordaz, on July 26 in Boca del Río, Veracruz; and Humberto Millán, on August 25 in Culiacán. In addition, on June 7 journalist Marco Antonio López Ortiz disappeared in Guerrero, and his whereabouts are still unknown. In other attacks on the media, newspaper distributor Maribel Hernández died on January 31 in Ciudad Juárez, and engineer Rodolfo Ochoa Moreno died on February 9 in Coahuila.
The Office of the Special Rapporteur once again urges the State to urgently adopt all necessary measures to prevent such crimes, protect journalists who are at risk, and act quickly and decisively to carry out the appropriate investigations, without ruling out the possibility that the murders could be related to the victims' reporting. Clarifying these crimes and punishing those responsible are essential steps in deterring violence against the press in Mexico.
The situation of violence against communications media and journalists in Mexico has been presented in the special report of this Office regarding the situation of freedom of expression in Mexico, which emphatically recommends that Mexican authorities urgently adopt measures such as strengthening the capacity and resources of the Office of the Special Prosecutor for Crimes against Freedom of Expression; transferring the investigation and prosecution of crimes against media workers to the federal justice system, in cases in which this is warranted; and quickly and effectively implementing the necessary security mechanisms to safeguard the lives and well-being of journalists who have been threatened.
Principle 9 of the Declaration of Principles on Freedom of Expression states: "The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation."


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