(IPYS/IFEX) – Judge Arturo Vílchez Requejo of the Twentieth Penal Court in Lima declared inappropriate the charges of harmful defamation against Argentinian Hector Faisal Fracalossi, legal representative of the Association for the Defence of Truth (Asociacion Pro Defensa de la Verdad, Aprodev), filed by four independent journalists critical of Alberto Fujimori ‘s government. **Updates IFEX […]
(IPYS/IFEX) – Judge Arturo Vílchez Requejo of the Twentieth Penal Court in
Lima declared inappropriate the charges of harmful defamation against
Argentinian Hector Faisal Fracalossi, legal representative of the
Association for the Defence of Truth (Asociacion Pro Defensa de la Verdad,
Aprodev), filed by four independent journalists critical of Alberto Fujimori
‘s government.
**Updates IFEX alerts of 6 August, 14 July, 11 June, 7 June, 2 June, 28 May,
21 May, 17 May, 20 April, 8 April 1999, and 2 December 1998**
The resolution by Judge Vílchez, officially released on 3 August 1999
absolves the charges filed against him by Gustavo Mohme, the managing editor
of the newspaper “La República”, Edmundo
Cruz y Ángel Páez, investigative reporter for the same newspaper, and
Fernando Rospigliosi, a weekly columnist for the magazine “Caretas”.
According to the decision, Faisal has not broken the law nor damaged the
honor of the complainants, by reproducing articles that were originally
published in the two Lima tabloids “El Chino” and “El Tio” in 1998 on his
Internet site. According to the magistrate, Faisal was simply using his
freedom of expression, as guaranteed by Peru’s constitution.
Ángel Romero Díaz, the ex-president of Peru’s National Association of
Judges (Asociacion Nacional de Magistrados del Perú), characterized Judge
Vílchez’ ruling as “absurd” because it did not consider that Faisal, in
reproducing defamatory material, is an accomplice to the crime in question.
“It appears that Judge Vílchez did not keep in mind that alluding to or
attacking people, while hiding behind the claim of repeating previously
published news, is still clearly defamatory,” he adds.
Similarly, the newspaper “La República” objected to the decision, saying
that the judge ignored a vast amount of information that Faisal disseminated
which had not been previously published in any form of mass media. They also
assumed that the judge did not ask the complainants to clarify which aspects
of the Internet page they found offensive or defamatory.
Fernando Rospigliosi says the contents of the resolution constitute an
absolute falsehood, that the section of the Internet page where Aprodev
insults him and calls him a traitor to Peru did not come from any previously
published work, but was created by Faisal himself. He also says their is
section dedicated to denigrating journalist César Hildebrandt where
malicious statements are made.
Judge Vílchez welcomed the Faisal case, after replacing judge Gretta Minaya,
who was suspiciously promoted to another post, soon after ruling against the
Argentinian and ordering an end to the defamation.
Carlos Caro, who is defending the journalists, is appealing the ruling
before the Superior Court of Appeal in Lima.
Faisal’s lawyer, Walter Gree Ortíz, says that if the Superior Court agrees
with the lower court’s decision, Aprodev will counter demand that “La
República”, Gustavo Mohme, and journalists Edmundo Cruz, Ángel Páez and
Fernando Rospigliosi pay moral and economic damages.
Still pending are arguments being presented against Faisal, in the 47th
Penal Court of Lima, for journalists Luis Iberico, Cecilica Valenzuela and
the main shareholder of Frecuencia Latina, Baruch Ivcher.
Nevertheless, in subsequent days there has been an accumulation of
proceedings against Faisal in the Superior Court of Appeals in Lima. Apart
from these instances, the decision made by Judge Vílchez remains null and
void and another judge will be named to rule on the appeal.
Through Aprodev and its Internet site, Faisal continues to defame
journalists who investigate government corruption and the intelligence
service of the Armed Forces, as well as members of the press or politicians
opposed to the regime.
Héctor Ricardo Faisal is a fugitive of Argentine justice. His extradition
has been solicited twice by Argentina, where he is wanted for conspiracy and
threats. A wider degree of journalism must be maintained in order to account
for the connections between this Argentinian fugitive and the National
Intelligence Service (Servicio de Inteligencia Nacional – SIN); in
particular, advisor Vladimiro Montesinos.
