EL UNIVERSO CASE

 

 

The problem between the President of Ecuador, Rafael Correa, and El Universo newspaper began with a publication of an article that expressed the opinion of Emilio Palacio after September 30, the writer of the article “No a las mentiras”, about the attitude and all of acts that happened on September 30 of 2010. The article was published on February 6 of 2011.

Rafael Correa demanded to El Universo newspaper on March 21 of 2011; the judgment explained that the article affected the reputation, the dignity and the honor of Rafael Correa. All of that could change the opinion of the Ecuadorian people about the government of Correa and he maybe could lose popularity.

 

In the law sentence, Correa request 80 million dollars and three years in jail for the editors of El Universo newspaper, Carlos, Nicolás y César Pérez; of El Universo newspaper and the editor of opinion section, Emilio Palacio.

The first audience was on July 19 of 2011 in the 15^th court of criminal warranties in Guayaquil city. There El Universo newspaper offered to public an article which the president could write a rectification about the ¨No a las mentiras” article, but Correa did not accept this and the trial was continuing. On July 20, the judge passed the judgment in which explained that El Universo newspaper had to pay 40 million dollars.

The lawyers of El Universo newspaper appealed the verdict, but in the second audience the sentence was ratified by the court. The respondents had to present the demand with the International Commission of Human Rights, and they requested for precautionary measures. After that, Correa expressed the possibility to use the forgiveness resource. The International Commission of Human Rights accepted the request of precautionary measures in favor of El Universo newspaper. On February 27 of 2012, the president, Rafael Correa, expressed his forgiveness to the newspaper and its editor.

 

In addition, this case demonstrated that is evident the attacks on critical or independent media by the Ecuadorean government that is restricting the right to freedom of expression. These attacks range from insults against journalists and the media, to the closing of media sources, or the imposition of an official publishing.

VIOLATION OF HUMAN RIGHTS IN "EL UNIVERSO" CASE

The IACHR applied measures of precautionary and solicited the immediate suspension of the effects of the judgment, is found in the official # 428 record, published on September 18, 2008 that recognizes its obligation and assigned to the Ministry of Justice and human rights of the Executive function decreased, guarantee and ensure full compliance with competition "statements, precautionary measures, provisional measures, friendly agreements, recommendations and resolutions originating in the Inter-American system of human rights".

Emilio Palacio, the author of the article "No a las mentiras”, which led to the demand, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga. Accordingly, the Inter-American Commission on human rights requests the Government of your Excellency to immediately suspend the effects of the judgment of February 15, 2012, in order to guarantee the right to freedom of expression", says an extract of the referred to the regime through a statement dated yesterday, according to the Agency.

There are two key points of the violation of human rights towards palaces: political persecution and violation of their right to freedom of expression. There is no more fundamental institution for democracy that a free and independent press. The freedom of press helps to protect the rule of law and ensure that everybody is above the rules and procedures that govern a democratic society. The freedom of press helps ensure transparency to induce Governments to be honest and accountable to their citizens. Unfortunately, recent events in the Ecuador suggest a deliberate move away from these democratic traditions, and this could have serious consequences for democracy in the Ecuador.

 

In our opinion, the President and all of us should denounce the attacks against the press in Ecuador and in any place in the world, for protect freedom of expression which is a fundamental right enshrined in the Universal Declaration of human rights and the American Declaration of the rights and duties of man is a concern and responsibility of all. Thus, we support the people of the Ecuador and their right to be heard, and the future of its democracy.   

REACTION OF THE INTERNATIONAL ORAGANIZATIONS

When it was the ratification of the judgment to the diary the Universe against to the tree mangers and to Emilio Palacio, the reactions of the international community was immediate and they questioned the judicial resolution.

One of the organizations that was the Committee for the protection of the journalist because they were disappointed because of the tribunal decision sentence that was still going with the sentence of El Universo newspaper, and also according to the CPJ it is not only to threat against a Journal of the country but the threat, the control and the prohibition to any type of freedom of expression, so that, I think that the judgment that was approved only searched to silence to the critical press.

Another pronunciation was done by the Inter American Press Association (IAPA), they were sure that the ratification of the judgment only wanted to impose the censorship in the independent journalism and a good example for explain it, it is the imposition of a sorrow of sail and the indemnification millionaire. Nevertheless for the Inter American Company it was a hope in the National Court of Justice which must watch for the interests and the beginning of the freedom of press and expression, which must occupy first place in a democracy, but especially this expression liberty must be respect and guarantee by the State.

As we know the judgment that was done by the judge Juan Paredes consisted in condemned to three years of jail and a payment of 40$ million to the director of the diary, Carlos Perez, the assistant directors Cesar Perez and Nicolas Perez, and Emilio Palacio, author of   column of considered insulting opinion against to the President Rafael Correa.

We conclude that actually our justice is subordinated to the political power and to a judicial manipulation on the part of the executive power because if we are not agree with his government or if we says or write something against him, we could get in trouble as Emilio Palacio, so in Ecuador for to talk and to give an opinion we have to be careful.

 

Bibliography:

Cronología del caso El Universo, check in:http://www.elcomercio.com/politica/Cronologia-caso-Universo_0_653934662.html.