(IPYS/IFEX) – Jorge Vivanco Mendieta, deputy director of the Guayaquil daily “Expreso”, is facing two legal actions brought forward by Ecuadorian Roldosist Party (Partido Roldosista Ecuatoriano, PRE) Member of Parliament Fernando Rosero. A different outcome has emerged in each of the criminal and civil actions. In July 2001, Rosero, assistant to former Ecuadorian president Abdalá […]
(IPYS/IFEX) – Jorge Vivanco Mendieta, deputy director of the Guayaquil daily “Expreso”, is facing two legal actions brought forward by Ecuadorian Roldosist Party (Partido Roldosista Ecuatoriano, PRE) Member of Parliament Fernando Rosero. A different outcome has emerged in each of the criminal and civil actions.
In July 2001, Rosero, assistant to former Ecuadorian president Abdalá Bucaram Ortiz, launched two different legal proceedings against Vivanco: a criminal charge for alleged insult and disrespect, and a civil lawsuit in which Rosero demanded US$1 million in compensation for alleged damages.
Vivanco’s article, titled, “Los generales no se defienden” (“The generals do not defend themselves”), appeared in his 15 June “Expreso” column. In the article, the journalist criticised certain military officers for not defending themselves against Rosero’s insults. Rosero had referred to the military officers who took part in a scandal involving arms purchases during the 1995 confrontation between Ecuador and Peru as “chatarreros del Cenepa” [in reference to the Cenepa conflict and the purchase of “chatarra” arms, meaning old or useless].
The criminal case is still under investigation. Guayas Fifteenth Civil Court Judge José Rendón Alvarado ruled in favour of Vivanco in the civil lawsuit, noting that there was insufficient proof against him.
Rendón Alvarado’s ruling states, “Given the lack of sufficient evidence, it cannot be proven that the plaintiff has suffered damages and I therefore declare the accusation invalid and inadmissible.”
Unsatisfied with the ruling, Rosero appealed the First Instance Court’s decision. He maintained that Rendón Alvarado’s sentence is an indication of the serious institutional crisis plaguing the judicial system and warned that in the near future he would have to take the law into his own hands.
According to Vivanco, Rosero’s appeal is absurd and cause for concern.
Vinanco’s defence characterised Rosero’s threat that he would have to take the law into his own hands as alarming, and called for respect for Ecuadorian legal procedure.
Vinanco suggested that by dismissing the importance of the legal process, Rosero’s attitude dates back to a “pre-historic barbaric era” and could set a precedent that could encourage attacks against freedom of thought.
As regards the investigation into the criminal case, Vivanco has already been notified by the court and presented depositions in his defence, including the 15 June article. Rosero has yet to submit any substantial information.
Recommended Action
Send appeals to authorities:
– welcoming the ruling by Judge Rendón Alvarado of the Guayas Fifteenth Civil Court
– calling for a conclusion in the investigative stage of the criminal case against Vivanco and for a ruling to be pronounced in accordance with due process
– protesting Rosero’s threat to take the law into his own hands
Appeals To
Gustavo Noboa
President of the Republic
E-mail: saladeprensa@presidencia.ec-gov.net
Armando Bermeo
Supreme Court Chair
E-mail: pres-csj@access.net.ec
Ramiro Larrea
Anti-Corruption Commission President
E-mail: coantico@ecuanex.net.ec
Marco Morales
Constitutional Tribunal Chair
Fax: +593 2 2 569 861
Flora Peroaño de Simancas
President of the National Journalists’ Union
E-mail: simancas@hoy.net
Please copy appeals to the source if possible.
