(PERIODISTAS/IFEX) – On 11 July 2002, the governor of Santa Cruz, Néstor Kirchner, filed a criminal lawsuit against lawyer Bernardino Zaffrani for slander and insult. Moreover, Kirchner filed a civil suit, asking for economic compensation of one million pesos (approx. US$279,000) for alleged moral harm caused by the article. Zaffrani wrote an opinion piece in […]
(PERIODISTAS/IFEX) – On 11 July 2002, the governor of Santa Cruz, Néstor Kirchner, filed a criminal lawsuit against lawyer Bernardino Zaffrani for slander and insult. Moreover, Kirchner filed a civil suit, asking for economic compensation of one million pesos (approx. US$279,000) for alleged moral harm caused by the article.
Zaffrani wrote an opinion piece in the daily “Tiempo Sur” questioning Kirchner’s role in the termination of a contract licensed to Yacimientos Carboníferos Río Turbio (YCRT) and the consequent liquidation of the company, which was privatised by Kirchner in 1994. Zaffrani held the governor responsible for irregularities that led to YCRT’s crisis. YCRT, before being privatised, was a state-owned mining company.
In his claim Kirchner inverts the legal reasoning established under the doctrine of “real malice”. “Real malice” establishes minimal protection for civil servants’ honor and public image because of their responsibility to citizens. On the other hand, Kirchner’s civil suit claims that he was accused in the opinion piece because of his role as a public figure. He argues that the attempt to discredit him is an attempt to “maliciously influence public opinion.” He claims these accusations will affect him in the national sphere as well, since he has announced plans to “run as a presidential candidate in the next federal elections.”
Zaffrani has always maintained a critical stance towards Kirchner. For example, Zaffrani is representing a group of citizens who were assaulted at a protest against Kirchner and he also represents a group of protesters who have filed action against the governor.
In a 29 August press release, PERIODISTAS expressed its concern over the charges against the lawyer, which have “unearthed the previously repealed crime of ‘desacato’.” PERIODISTAS noted that Kirchner is using his position as a “public figure” to claim compensation for “prudent reparation”.
Furthermore, the organisation recalled that “based on criteria of the Inter-American Human Rights Commission, public figures should be criticised and libel claims eliminated, especially under these circumstances.” PERIODISTAS noted that if successful, “the governor’s case will bring back ‘desacato’ laws, whose abolition had been a conquest for Argentine democracy.”
Recommended Action
Send letters of support to:
Bernardino Zaffrani
Tel/Fax: +54 2966 425994
E-mail: bzaffrani@uol.com.ar
Send appeals to authorities:
– requesting that he drop the suit against Zaffrani, as it constitutes an attack against free expression and is an attitude that stands in the way of the debate and exchange of opinions integral to a democratic system
Appeals To
Governor of the Province of Santa Cruz
Governor’s Department
Tel: +54 2966 420500 / 54 2966 420188
Please copy appeals to the source if possible.
