(IPYS/IFEX) – On 11 April 2006, the newspaper “Aldía” was fined by the Special Electoral Jury (Jurado Electoral Especial, JEE) of the San Martín region, northeastern Perú, after publishing, on 14 March, the results of a survey about the forthcoming presidential and parliamentary elections without having been registered in the National Electoral Jury’s (JNE) electoral […]
(IPYS/IFEX) – On 11 April 2006, the newspaper “Aldía” was fined by the Special Electoral Jury (Jurado Electoral Especial, JEE) of the San Martín region, northeastern Perú, after publishing, on 14 March, the results of a survey about the forthcoming presidential and parliamentary elections without having been registered in the National Electoral Jury’s (JNE) electoral pollsters’ registry. The fine amounts to 102,000 nuevos soles (approx. US$30,000). As a result, the newspaper faces imminent closure due to financial distress.
“Aldía” is a new publication, having begun circulation on 13 February, and covers events in the main cities of the San Martín region and the province of Alto Amazonas (Loreto). From the outset, it has specialized in investigating judicial corruption in this area.
The San Martín JEE, whose president is a judge from Tarapoto, based its imposition of this disproportionate fine solely on the formal question of registration. In this sense, by penalizing the newspaper without abiding by the principle of “reasonability”, the electoral body has failed to fulfill the Law of General Administrative Procedure (Ley del Procedimiento Administrativo General, LPAG).
The principle of “reasonability” is highlighted in the third clause of Article 3 of the LPAG. According to this principle, all public bodies that apply any form of penalty must “ensure (. . . ) that the penalty take into account certain considerations, such as the presence or absence of intent, the damage caused, the circumstances within which the infraction took place and whether or not there have been repeat offences”. According to IPYS, the fine at hand does not take into account any of these considerations and constitutes, therefore, an indirect means of restricting freedom of expression, which is expressly prohibited by the American Convention on Human Rights.
The resolution of the San Martín JEE makes no reference to the possible damages caused by “Aldía” in publishing the survey information. Neither does it consider the fact that the newspaper has recognized it was unaware of the obligation to register. Nor does it take into account the inexperience of this new publication or the fact that it was immediately prepared to admit to its error.
For these reasons, IPYS asks the National Electoral Jury (Jurado Nacional de Elecciones, JNE) to pay close attention to this case, since it represents a serious precedent in restricting freedom of expression. IPYS also asks the JNE to reconsider the fine being imposed, and to revoke it, if possible, or to modify it so that its payment will not jeopardize the financial future of the newspaper.
IPYS considers the fine to be disproportionate. “Aldía” has been published for less than two months and issues one thousand copies per day. The paper has presented an appeal.
