(IPYS/IFEX) – The two lawsuits brought forward by the Ecuadorian Roldosist Party (Partido Roldosista Ecuatoriano, PRE) member of parliament, Fernando Rosero, against Jorge Vivanco Mendieta, deputy director of the Guayaquil based daily “Expreso”, are proceeding in different directions. The civil suit, in which Rosero is demanding compensation in the amount of US$1 million for alleged […]
(IPYS/IFEX) – The two lawsuits brought forward by the Ecuadorian Roldosist Party (Partido Roldosista Ecuatoriano, PRE) member of parliament, Fernando Rosero, against Jorge Vivanco Mendieta, deputy director of the Guayaquil based daily “Expreso”, are proceeding in different directions.
The civil suit, in which Rosero is demanding compensation in the amount of US$1 million for alleged insult and libel, has been postponed because Ecuadorian courts take a judicial vacation between 1 and 15 August 2001. In accordance with the prevailing law, civil courts are closed during the judicial vacation, with the exception of criminal, traffic and “de turno” courts.
For the civil suit, presided over by Judge José Rendon Alvarado, fifteenth judge of the Guayas Civil Court, Rosero has already made a US$10,000 guarantee deposit (one percent of the complaint) in order to proceed with the complaint.
In the criminal suit, the Guayas Public Prosecutor’s office continued with preliminary actions to establish a viable prosecution. In the pre-procedural investigations, the attorney general intially requested that action be taken against the daily “Expreso”, which was acknowledged by the newspaper’s director, Galo Martínez Merchán.
Now, the next step would be the public prosecutor’s office petition for certification of Vivanco as the author of the article referred to in Rosero’s complaint.
These actions and investigations stem from one of Vivanco’s articles, published in the daily “Expreso” on Sunday 15 July, titled “The generals do not defend themselves.” In the article, Vivanco criticised the Armed Forces generals for not exercising their right to defend themselves in the face of accusations by Rosero, PRE member of parliament and Bucaram’s right-hand man, in connection with the scandal of arms purchases from Argentina during the 1995 confrontation between Ecuador and Peru. Rosero had referred to the generals as “chatarreros del Cenepa”, (in reference to the Cenepa conflict and the purchase of “chatarra” arms, meaning old or useless).
Rosero was mentioned twice in Vivanco’s article. First, there is a reference to the fact that Rosero made these accusations against the Armed Forces high command. The article also refers to the actions of “those exiled in Panama, whose bearer was Member of Parliament Rosero, who is protected by parliamentarian immunity and impunity.” (According to Ecuadorian Law, members of parliament cannot be held accountable for what they say while exercising their functions).
Vivanco told IPYS that he would await the outcome of the judicial proceedings. Meanwhile, the Latin American Human Rights Association (Asociacion Latinoamericana de Derechos Humanos, ALDHU), is watchful of the cases’ development and confident in the judges’ ability to remain impartial.
Recommended Action
Send appeals to authorities:
– protesting the legal action launched against the journalist
– asking them to ensure that due process will be followed
Appeals To
Dr. Gustavo Noboa
President of the Republic
E-mail: saladeprensa@presidencia.ec-gov.net
Dr. José Cordero
President of the National Congress
E-mail: dpcn@rdyec.net
Dr. Galo Pico
President of the Supreme Court
E-mail: pres-csj@access.net.ec
Dr. Ramiro Larrea
President of the Anti-Corruption Commission
E-mail: coatinco@ecuanex.net.ec
Dr. Marco Morales
President of the Constitutional Tribunal
Fax: +593 2 569 861
Dr. Julio Prado
President of the National Human Rights Comission
E-mail: jprado@uio.satnet.net
Sr. Pedro Zambrano
President of the Ecuadorian Newspaper Publishers Association (AEDEP)
E-mail: pzl@eldiario.com.ec
Monseñor José Mario Ruiz
President of the Ecuadorian Episcopal Conference
E-mail: confeps@uio.satnet.net
Lic. Flora Proaño de Simancas
President of the National Journalists Union
E-mail: simancas@hoy.net
Dr. Juan de Dios Parra
President of the Latin American Human Rights Association (Asociacion Latinoamericana de Derechos Humanos, ALDHU)
E-mail: aldhu@ecuanex.net.ec
Please copy appeals to the source if possible.
