(SPP/IFEX) – Journalist Camilo Cantero, director of Radio Libertad in San Ignacio, Misiones and a correspondent with that city’s daily “Ultima Hora”, has been prohibited from speaking or writing in the media about the judicial proceedings he is currently facing. Judge Juan Carlos Paredes applied this severe restriction in substitution of the sentence to imprisonment […]
(SPP/IFEX) – Journalist Camilo Cantero, director of Radio Libertad in San Ignacio, Misiones and a correspondent with that city’s daily “Ultima Hora”, has been prohibited from speaking or writing in the media about the judicial proceedings he is currently facing. Judge Juan Carlos Paredes applied this severe restriction in substitution of the sentence to imprisonment the journalist endured for six days, from 25 to 31 August 2000. A number of different sectors have questioned the measure arguing that it contravenes constitutional guarantees and international agreements ratified by Paraguay.
Cantero was arrested on 25 August in the city of San Ignacio, 225 kilometres from the capital, in connection with a charge of alleged “false accusation”, filed against the journalist in October 1999 by Misiones Judge Mario Ignacio Maidana. The journalist was not aware of the charge till the day he was arrested by the police. The case against Cantero was launched after the journalist accused Judge Maidana of failing to adequately perform his duties before the Prosecutions Jury of the Magistrate. The jury rejected Cantero’s accusation because of certain flaws in the submission.
Cantero was transferred to the capital city, Asuncion. His lawyers asked that the prison sentence be repealed and that substitute measures be imposed instead. Judge Paredes, who is overseeing Cantero’s case, granted the journalist provisional liberty but replaced this sentence with two measures which have been highly criticised. Cantero was ordered to remain in Asuncion and prohibited from returning to San Ignacio, the place of his residence and employment. Furthermore, the judge prohibited the journalist from speaking and writing in the media about the events leading up to and the developments in the case launched by Judge Maidana.
The SPP complained to the president of the Supreme Court about the restrictive measures imposed on Cantero by Judge Paredes, arguing that they were a violation of fundamental constitutional rights, such as the right to freedom of expression, the exercise of the journalistic profession, the right to public defense and the right to access a place of employment. The Judicial Journalists’ Circle (Circulo de Periodistas Judiciales) also questioned Judge Paredes’ decision. These complaints will be examined by the Supreme Court’s Criminal Chamber.
In response to a request filed by Cantero’s lawyers, Judge Paredes repealed his decision prohibiting the journalist from leaving Asuncion, allowing him to return to his place of employment in San Ignacio on 4 September. However, the restriction on speaking and writing in the media about the case remains in effect. The Paraguayan press quoted a number of lawyers who suggested that this measure is a violation of Article 26 of the Constitution, Article 13 of the Pact of San José, Costa Rica and Article 19 of the Universal Declaration of Human Rights – which guarantee freedom of expression and thought – as well as Article 256 of the Constitution which allows for the free critique of legal decisions.
Recommended Action
Send appeals to authorities:
– expressing your concern over the limitations imposed on Cantero by Judge Paredes and noting the negative repercussions these could have on the exercise of journalism in Paraguay
– expressing your fear that the fact that Cantero was prohibited from speaking and writing in the media about his case may be a violation of principles guaranteed by the Pact of San José, Costa Rica, the Universal Declaration of Human Rights and Paraguay’s Constitution
– expressing your hope that the country’s highest court will review the current situation and arbitrate in the matter
Appeals To
APPEALS TO:
Dr.Carlos Fernández Gadea
President of the Supreme Court
Fax: +595 21 424 393
Dr. Jeronimo Irala Burgos
President of the Supreme Court’s Criminal Chamber
Fax: +595 21 423 978
Please copy appeals to the source if possible.
