37
circulation of ideas and opinions, the arbitrary imposition of information and
the creation of obstacles to the free flow of information, violate the right to
freedom of expression.
Arguments of the representatives of the alleged victim
100. The representatives of the alleged victim alleged that the State is responsible
for violating Article 13 of the Convention in relation to Article 1(1) thereof, and
indicated that:
a)
On August 9, 2000, the President of the Republic of Guatemala
acknowledged the State’s responsibility for the facts on which the application
and the arguments contained in this pleading before the Inter-American Court
are based, which “is also equivalent to accepting that the violations of the
right to freedom of thought and expression of Maritza Urrutia are the State’s
responsibility”;
b)
The dual dimension of Article 13 of the Convention should be taken
into consideration; a positive dimension, which is freedom to seek, receive
and impart information and ideas of all kinds; and a negative dimension,
according to which no one is obliged to make public what he does not wish to.
They also affirmed that the social or individual function of the said article
should also be considered and, to this end, they referred to concepts indicated
in the application;
c)
The disappearance of Maritza Urrutia, in July 1992, was front-page
news in Guatemala, so that her appearance on newscasts imparting false
information on her whereabouts, was an attack against the right of the
alleged victim to self-respect and the right of the Guatemalans to receive true
and objective information; and
d)
According to the statements made by Maritza Urrutia, when she was
liberated, she was obliged, under threat, to reiterate what she had said in the
video. This fact again violated Article 13 of the Convention to the detriment
of the victim and the public.
Arguments of the State
101. The State did not present any specific arguments about the alleged violation
of Article 13 of the Convention.
Considerations of the Court
102.
Paragraphs 1 and 2 of Article 13 of the American Convention establish that:
1.
Everyone has the right to freedom of thought and expression. This right
includes freedom to seek, receive, and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing, in print, in the form of art, or through
any other medium of one's choice.
2.
The exercise of the right provided for in the foregoing paragraph shall not be
subject to prior censorship but shall be subject to subsequent imposition of liability,
which shall be expressly established by law to the extent necessary to ensure:
a.
respect for the rights or reputations of others; or