(IPYS/IFEX) – A motion has been filed appealing the court’s decision to absolve the representative of the Association for the Defense of the Truth (Asociacion Pro defensa de la Verdad, APRODEV), Argentinian Héctor Ricardo Faisal Fracalossi. The appeal was presented by Carlos Caro, a lawyer for the journalists who were offended by the association’s Internet […]
(IPYS/IFEX) – A motion has been filed appealing the court’s decision to
absolve the representative of the Association for the Defense of the Truth
(Asociacion Pro defensa de la Verdad, APRODEV), Argentinian Héctor Ricardo
Faisal Fracalossi. The appeal was presented by Carlos Caro, a lawyer for the
journalists who were offended by the association’s Internet page.
The appeal was presented to the 20th Criminal Lima Court, asking judge
Arturo Vílchez Requejo to submit the appeal to the Court of Appeals for
cases of suspended prisoners.
Faisal was acquitted by judge Vílchez Requejo, who ruled that Faisal had
copied articles on APRODEV’s Internet page which had previously been
published in newspapers and had therefore, “exercised his right to freedom
of expression.”
In his written submission, Caro argued that the judge ruled on the case
without taking into account the Court of Appeals’ ruling that the
journalists’ action against Faisal has an impact on other cases against
Faisal filed with the 47th Criminal Lima Court.
Caro also stated that judge Vílchez Requejo’s ruling should be annulled for
“lack of substance”, because Faisal not only redistributed articles
previously published in sensationalist tabloids, but also corrected, edited,
and added statements to these articles, presenting as facts certain
information that was only insinuated in the tabloids.
According to legal procedure, judge Vílchez Requejo has to authorize the
appeal to proceed and be filed with the Court of Appeals. The Court of
Appeals should then decide, within fifteen working days and after the
presentation of oral briefs, if the judge’s ruling should be changed. If the
ruling is upheld or modified, the case will be closed and there will be no
further recourse to appeal the decision. If, however, the ruling is revoked,
judge Vílchez Requejo or another magistrate will have to again consider the
evidence and decide on the case.
