Freedom of Expression
Press Release 141/06
OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION RECOMMENDS TO THE ECUADORIAN STATE THAT IT DEROGATE ITS LEGISLATION DEFINING THE CRIMINAL OFFENSE OF DESACATO
Quito, June 2, 2006. On finalizing a working visit to the Republic of Ecuador, carried out from May 31 to June 2, 2006, the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), Ignacio J. Álvarez, recommended to the appropriate authorities that they repeal legislation that provides for the crimes of desacato, found in Articles 128, 230, 231, 232, and 233 of the Criminal Code of Ecuador.
“Desacato” statutes accord special protection to the honor and reputation of public officials. The IACHR has noted that such laws are incompatible with the right to freedom of expression provided for in Article 13 of the American Convention on Human Rights, because in a democratic society, public officials should be exposed to a greater level of criticism, so as to facilitate broader public debate with respect to their performance in the conduct of public affairs.
Principle 11 of the Declaration of Principles on Freedom of Expression notes that: “Public officials are subject to greater scrutiny by society. Laws that penalize offensive expressions directed at public officials, generally known as ‘desacato laws,’ restrict freedom of expression and the right to information.”
The Office of the Special Rapporteur noted that in the past years, nine countries of the region have derogated their desacato laws, which reveals a tendency that should be taken into account by the authorities of those states that still have such laws on the books. The Office also emphasized that protecting the honor and reputation of public officials should be guaranteed through proportionate civil sanctions and the right to rectification.
During this visit the Special Rapporteur met with high-level authorities of the Ministry of Foreign Affairs, the National Congress, the Judicial branch, and the Office of the Human Rights Ombudsman. He also held meetings with journalists, representatives of the media, and civil society. The Special Rapporteur thanked the authorities of the EcuadorianState for the wide-ranging collaboration provided during this visit, and reiterated that the Office of the Special Rapporteur for Freedom of Expression is ready and willing to cooperate with and provide technical assistance to the states in initiatives related to legislative advances related to the freedom of expression.
For more information on the Office of the Special Rapporteur: http://www.cidh.org/relatoria/