OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION EXPRESSES ITS APPROVAL OF THE ELIMINATION OF DESACATO LAWS IN GUATEMALA
Washington, D.C., February 3, 2006. The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) would like to express its satisfaction as to the decision of the Constitutional Court of Guatemala to definitively eliminate the crime of “desacato” (contempt). The Rapporteur’s Office considers this measure a decisive step towards the strengthening of freedom of expression in the hemisphere.
On February 1, 2006, the Constitutional Court of Guatemala decided to declare the unconstitutionality of the crime of “desacato” regulated by articles 411, 412, and 413 of the Guatemalan Penal Code. These articles established prison sentences of six months to three years for the crime. In its decision, the highest court in Guatemala adopted the recommendations of the Rapporteur’s Office and the IACHR, which insisted in the elimination of “desacato” laws as contradictory to democratic principles due to their bestowal of a higher level of protection upon public officials, as they inhibit criticism and restrict public debate.
“Desacato” or contempt, laws, found in various penal codes throughout the hemisphere, criminalize offensive expression directed at public officials. Since its inception, the Rapporteur’s Office has warned that “desacato” laws can become a tool to silence democratic debate over public policy. In accordance with Principle 11 of the Declaration of Principles on Freedom of Expression of the IACHR, “public officials are subject to greater scrutiny by society” and these laws “restrict freedom of expression and the right to information”.
The Rapporteur’s Office thus expresses its approval of the decision adopted by Guatemala, as it represents a strong step forward for the protection of freedom of expression. The Office exhorts Guatemalan authorities to take the necessary steps towards implementing the decision of the Constitutional Court.
For more information about the Rapporteur’s Office, see the following website: http://www.cidh.org/relatoria/