IACHR files application before Inter-American Court of Human Rights in case concerning violations of the rights to judicial guarantees and freedom of expression of newspaper editor-in-chief in Paraguay

September 30, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on July 2, 2024, an application before the Inter-American Court of Human Rights in Case 12,686, with regard to Paraguay. This case concerns violations of the legality principle and of Aldo Zuccolillo Moscarda's rights to freedom of expression and to judicial guarantees.

In 1998, Paraguayan politician and senator Juan Carlos Galaverna filed a complaint against the daily ABC Color and against the publication's founder and editor-in-chief, Zuccolillo, for libel, defamation, and slander. In 2001, Zuccolillo was sentenced to paying a fine for these crimes. He appealed, and the sentence was changed in 2002 to a heftier fine for defamation. In 2005, the Supreme Court ruled that Zuccolillo had to pay an additional fine of USD 295,687 for harm caused to Galaverna's honor.

In Merits Report 398/22, the IACHR found that criticism made by the newspaper was linked to issues of public interest, since it highlighted allegations of corruption by a senator. That criticism was therefore protected and was in fact essential in a democratic society, which meant that criminal law did not apply.

The IACHR noted that the last instance of what was considered unlawful conduct by Zuccolillo had taken place in 1999 and that only one item had ben published in violation of legislation that was enacted 1998. The IACHR concluded that the Supreme Court had applied legislation retroactively, in violation of the legality and non-retroactivity principles. Further, criminal proceedings took from 1998 until 2005, an unreasonable length of time that was not adequately justified by the State. The IACHR further noted a lack of clarity in the grounds to establish the amount due as a fine, violating the obligation to provide the grounds of a sentence.

The IACHR concluded that the State of Paraguay had violated the rights held in Articles 8 (right to a fair trial), 9 (freedom from ex post facto laws), and 13 (freedom of thought and expression) of the American Convention, in accordance with Articles 1.1 (obligation to respect rights) and 2 (duty to adopt domestic legal action) of that instrument, to the detriment of Aldo Zuccolillo.

The IACHR therefore recommended that the State adopt the following redress measures:

1. Provide comprehensive reparations—both material and immaterial—for all human rights violations held in the Merits Report, including redress and financial compensation measures, to Zuccolillo's widow and daughters
2. Adapt Paraguayan criminal law to the obligations contained in the American Convention concerning freedom of expression, decriminalizing defamation, libel, and slander in cases involving public officials or private citizens who voluntarily engage with matters of public interest
3. Annul the criminal law punishment that was imposed on Aldo Zuccolillo, as a tribute to his memory
4. Hold a public event to apologize to Aldo Zuccolillo and to acknowledge that he was a victim of criminal proceedings linked to the information he produced in the exercise of his professional functions
5. Disseminate the Merits Report within the Paraguayan judiciary

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 231/24

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