(IPYS/IFEX) – On 20 June 1999, César Herrera Luna, the editor of the “El Ashishito” magazine, of the city of Tarapoto, Department of San Martín, in the northeastern Peruvian forests, had an official complaint for defamation and slander filed against him for an article published in the magazine’s forty-third edition. Charges were brought against Herrera […]
(IPYS/IFEX) – On 20 June 1999, César Herrera Luna, the editor of the “El
Ashishito” magazine, of the city of Tarapoto, Department of San Martín, in
the northeastern Peruvian forests, had an official complaint for defamation
and slander filed against him for an article published in the magazine’s
forty-third edition. Charges were brought against Herrera Luna by Luis
Fernando Arévalo Rengifo, the general manager of the Nutriselva S.A. company
and by the judge of the city’s First Criminal Court.
The article in question, entitled “El Ashishito”, warns that Nutriplat, a
product of the Nutriselva S.A. company, was causing stomach illnesses in
children who consumed it. The article also reports that a number of district
mayors and Mothers’ Clubs, groups that receive the product in soup kitchens
for children of low income families, had questioned Nutriplat’s quality and
complained that the company was distributing contaminated products which
were causing diarrhea and other stomach ailments in children across
different regions.
Before filing the complaint, Arévalo Rengifo had submitted an authorised
letter, dated 17 June, to the magazine’s offices asking that he be allowed
free right of correction immediately and in accordance with his journalistic
title. He had further noted that the article’s information was inaccurate,
insulting and defamatory, and could cause economic damage to the company he
represented. Arévalo Rengifo’s letter includes a sample of the text that
would appear in the correction note.
On 30 June, Judge Jorge Ghezzi Hernández ordered a mediated resolution,
opened the case and requested that the journalist appear in court for the
alleged crimes of slander and defamation. The judge also ordered instructive
and preventative depositions from all parties on 8 July, requested advance
police notice warning Ghezzi Hernández that he would be found in contempt of
court and placed under arrest were he not to comply with the order to
appear.
However, Herrera Luna was notified one day before the date set by the judge,
which meant that he was not allotted enough time according to the Code of
Criminal Procedure. In response, the journalist submitted a written request
to the judge asking for a new citation rewriting the order and making the
previous order invalid to avoid his arrest for contempt.
Currently, Herrera Luna is completing a one year suspended prison sentence
for defamation, laid down by the San Martín Supreme Court. On that occasion,
the complaint was made by the former municipal director of Tarapoto, Magno
Pasquel Cárdenas, during the administration of Rolando Reátegui, the
controversial former mayor and secretary-general of the government sponsored
campaign “Vamos Vecino.”
Adolfo Fasanando, the Tarapoto IPYS correspondent, reported that for now
they are awaiting a decision on the sentencing which they expect will be
circulated in a week.
Recommended Action
Send appeals to authorities:
Appeals To
Víctor Raúl Castillo Castillo
President of the Peruvian Supreme Court
Fax: +51 1 428 0803Jorge Santistevan de Noriega
Ombudsman
Fax: +51 1 426 6657Antonio Ruiz Sánchez
Chief Attorney of the San Martín Judicial District
Fax: +511 094 56 3191Jorge Ghezzi Hernández
Judge of the First Tarapoto Criminal Court
Fax: +511 094 52, Jorge Ghezzi Hernández 2201
Please copy appeals to the source if possible.
