(APG/IFEX) – The following is an abridged version of a 7 June 2005 APG press release: APG endorses the Guatemalan Press Chamber’s (Cámara Guatemalteca de Periodismo) legal petition requesting that the Criminal Code articles concerning “desacato” (“contempt”), be eliminated on the grounds of their unconstitutionality. By providing “special protection” for officials, the “desacato” provisions serve […]
(APG/IFEX) – The following is an abridged version of a 7 June 2005 APG press release:
APG endorses the Guatemalan Press Chamber’s (Cámara Guatemalteca de Periodismo) legal petition requesting that the Criminal Code articles concerning “desacato” (“contempt”), be eliminated on the grounds of their unconstitutionality.
By providing “special protection” for officials, the “desacato” provisions serve as a shield behind which the authorities can hide. Although they have not been used very much in the past, their very existence constitutes a threat as they criminalise the exercise of freedom of expression and press freedom.
The APG has expressed this concern to the Inter-American Commission on Human Rights (IACHR) and the Special Rapporteur on Freedom of Expression, and has asked the Guatemalan authorities to bring the laws into line with the Constitution.
The IACHR and the Rapporteur have been recommending since 1994 that “desacato” laws be eliminated, since they constitute a threat to freedom of expression. Only Argentina, Costa Rica, Paraguay, Peru and, very recently, Honduras have complied with the recommendation. Guatemala remains among the 16 countries on the “black list” of those continuing to have such laws on their books.
APG wishes to remind the authorities that Article 35 of the Constitution stipulates that criticising public officials or employees for actions carried out while they fulfil their functions is not a crime. By including “desacato” provisions, the Criminal Code contradicts this norm.
The APG calls upon the government to comply with the IACHR recommendations and asks the Constitutional Court magistrates to thoroughly analyse the Press Chamber’s petition and rule favourably on it. This would be a step toward democratising our legal system.
Guatemala, 7 June 2005
