(IPYS/IFEX) – The Appeals Court of the Lima Supreme Court has upheld the ruling that absolved the legal representative of the Association for the Defense of the Truth (Asociacion Pro Defensa de la Verdad, APRODEV), Héctor Ricardo Faisal. A charge for harmful defamation was filed against Faisal by the managing editor of the “La República” […]
(IPYS/IFEX) – The Appeals Court of the Lima Supreme Court has upheld the
ruling that absolved the legal representative of the Association for the
Defense of the Truth (Asociacion Pro Defensa de la Verdad, APRODEV), Héctor
Ricardo Faisal. A charge for harmful defamation was filed against Faisal by
the managing editor of the “La República” newspaper, Gustavo Mohme, and
journalists Edmundo Cruz, Ángel Páez and Fernando Rospigliosi, but the
charge was declared unfounded.
**Updates IFEX alerts of 22 September, 10 August, 6 August, 14 July, 11
June, 7 June, 2 June, 28 May, 21 May, 17 May, 20 April and 8 April 1999 and
2 December 1998**
On 5 October 1999, the Special Court of Appeals for defendants not facing a
prison sentence ruled on the case. The ruling was signed by Roberto
Barandarián Dempwolf, presiding judge, and Denis Baca Cabrera, court
president.
On 13 October, Carlos Caro, lawyer for the plaintiffs, filed a motion with
the Supreme Court to have the ruling annulled. Caro explained that the
plaintiffs would attempt to demonstrate to this higher court that freedom of
expression is not unconditional but is limited by the right to preserve one’
s honour, which Faisal has failed to respect.
The Appeals Court ruling echoes the arguments presented by Faisal’s defense
in stating that this Argentinian and former military officer had not
committed a crime against honour because, allegedly, he had simply
reproduced on his Internet site offensive comments made against the
plaintiffs. These comments, the defense argued, were originally published in
two sensationalist tabloids, “El Tío” and “El Chino”.
At the time these comments were published, the plaintiffs did not initiate
legal actions against the original authors of the defamatory articles, nor
did they ask for a correction to be printed. As a result, the court
concluded that the claimants did not consider these articles “likely to
degrade or discredit them” and therefore there is no sense in punishing the
act of reproducing the articles.
The court’s ruling further notes that since Faisal is not the original
author of the defamatory articles, he has not committed the crime of
defamation as defined by the Criminal Code as follows: “ascribe to an
individual” an event, characteristic, or conduct that could damage that
person’s honour. According to the ruling, the verb “ascribe” limits the
definition of who is responsible for the crime to the party that actually
makes the harmful statements. Furthermore, Faisal was simply exercising his
right to inform freely, as guaranteed by the Constitution, by reproducing
and distributing the damaging comments via the Internet.
Background Information
Judge Arturo Vílchez Requejo, presiding over the Twentieth Lima Criminal
Court, had used arguments similar to those of the Appeals court to declare
inappropriate the charges of harmful defamation against Faisal.
Since 1998, APRODEV maintains an Internet page dedicated to discrediting
politicians and journalists who are opposed to President Alberto Fujimori’s
regime.
Recommended Action
Send appeals to authorities:
Appeals To
Alberto Fujimori Fujimori
President of the Republic
Fax: +51 1 427 6722 / 426 6535Víctor Raúl Castillo Castillo
President of the Judiciary’s Executive Committee
Fax: +51 1 428 8903Víctor Raúl Castillo Castillo
President of the Peruvian Supreme Court of Justice
Fax: +51 1 428 0803Pedro Infante Mandujano
President of the Lima Supreme Court of Justice
Fax: +51 1 427 1600Jorge Santistevan de Noriega
Ombudsman
Fax: +51 1 426 6657Martha Hildebrandt Pérez
President of Congress of the Republic
Fax: +51 1 426 8290
Please copy appeals to the source if possible.
