36
State failed to comply with the commitments assumed in the above-mentioned
articles of the Inter-American Convention against Torture (infra para. 128).
97.
As regards the claim of the representatives of the alleged victim, in relation to
the alleged violation of Article 5 of the Convention to the detriment of the next of kin
of Maritza Urrutia, the Court recognizes that the situation they endured owing to the
abduction and unlawful and arbitrary detention of Maritza Urrutia, caused them
suffering and anguish, and, therefore, it will take this circumstance into consideration
when establishing reparations.
98.
In light of the foregoing, the Court declares that the State violated Article 5 of
the American Convention, in relation to Article 1(1) thereof, and the obligations
established in Articles 1 and 6 of the Inter-American Convention against Torture, to
the detriment of Maritza Urrutia.
X
ARTICLE 13
(FREEDOM OF THOUGHT AND EXPRESSION)
Arguments of the Commission
99.
The Commission requested the Court to declare the violation of Article 13 of
the Convention in relation to Article 1(1) thereof, which had also been acknowledged
by the State, and indicated that:
a)
The right to freedom of expression includes the right to speak and to
remain silent. Within this broad concept of freedom of expression, the
individual has the right to express his opinions publicly or keep them to
himself;
b)
The right to freedom of expression of Maritza Urrutia was violated by
the State when she was obliged by State agents, under threat of torture and
death, to record a statement that she had not written, which contained
opinions that she did not share and false information about her abduction,
with the express intention of covering up the crimes perpetrated by her
abductors. The video was shown on two television programs, thereby forcing
Maritza Urrutia to express publicly false information and opinions, which
seriously harmed her self-respect;
c)
The individual dimension of the right to freedom of expression may be
violated both when a person’s right to express himself freely is restricted and
when he is obliged, through unlawful acts, to express himself publicly against
his will. The act of forcing a person to make public statements against his
will, harms human dignity, by denying a person the right to his own thoughts
and to the exercise of his freedom of expression. In its social dimension,
freedom of expression is inhibited both when information is restricted and
when false declarations, which are the product of State coercion, are
broadcast intentionally. Broadcasting information obtained through unlawful
acts misleads society as a whole, because it presents the victim of coercion as
the author of false information; and
d)
The right not to speak, or the right to remain silent, derives from the
right to freedom of expression, because an enforced statement affects a
person’s autonomous right to express himself freely. Restrictions to the free