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Costa Rican Court Rules Against Press Freedom
By Anita
Monestel
Readers
of La Nación, Costa Rica's largest and most
important newspaper, reacted with surprise and indignation
when they opened the October 22 edition and found that the
first 12 pages, normally dedicated to national and general-interest
news, consisted of a decision of the Second Circuit Court
against the newspaper itself.
The
publication of the 114 articles of the judgment was unprecedented
in this country, known world-wide for its democracy and observance
of freedom of expression. What was the sin? Simply the exercise
of the journalistic right to let the public know the results
of an investigation into the unauthorized use of public funds
In
1997, two reporters from La Nación, Ronald Moya
and José David Guevara, informed readers of
the use of government arms and automobile by a former minister
of Public Security, Juan Diego Castro Fernández. Although
the article was backed by serious investigation, both reporters
and editor Eduardo Ulibarri were charged with libel and slander.
They were acquitted of the charges by the three-judge panel,
but found guilty of insult, a charge that wasn't even contained
in the plaintiff's original complaint. The court also required
the publication in the newspaper of the complete decision.
Two of the judges favored the sentence, the third opposed
it.
Ulibarri
told the readers in a letter that accompanied the 12 pages:
"With this sentence, a grave wrong has been committed; worse
still, great damage has been caused to journalism and the
practice of democracy in the country. Personally (a feeling
that I share with colleagues Moya and Guevara) it was a great
nightmare to face a prison term for exercising my profession
with honesty and a sense of responsibility. That this should
happen in a free country is even a more tragic event, an unavoidable
cause for alarm. But what worries me the most, and about which
I want you to reflect, is the effect that all this will have
on the country and the openness of society, a society composed
of well informed citizens, free in their acts, thoughts and
expressions.
"I'm
also worried, as are many of my colleagues, that, contrary
to so many other democracies, our legislation places under
the penal code such topics as opinions and free expression,
which belong under the civil code, and, more to the point,
under the constitution, since they refer to individual rights.
"We
have met the conditions of this immoderate sentence, but we
did it under protest as free persons who have that right.
Our only hope is that this will serve as a wakeup call to
you and others and that there will be a groundswell of public
opinion in favor of the free exercise of expression and criticism.
We should not forget the words of Thomas Jefferson: 'The price
of freedom is eternal vigilance.'"
The
Inter American Press Association, which held its annual assembly
that same month in Houston, sent a letter of protest against
this history-making judgement.
Politicians
and other media representatives backed La Nación
in a show of solidarity. Daniel Gallardo, leader of the legislative
faction of the National Liberation party, said he will seek
the appointment of a mixed commission of congressmen and journalists
to recommend changes in the press laws. Eliseo Vargas, his
opposite number with the Social Christian party, said: "The
press is a vital part of national life. The more involved
it is in national affairs, the more established is freedom
of the press."
The
Public Defender, Sandra Piszk, commented: "We Costaricans
have the absolute right to know about the actions of public
servants, who, by principle, have to account for them, which
are then divulged by the news meda." She said her office supported
transparency and accountability.
Marielos
Gutiérrez, news director of Radio Monumental, William
Gómez, editor of the daily newspaper Extra;
and Greivin Moya, news editor of the "Hechos" program on channel
4, said the judgement against "La Nación" damaged the
image of Costa Rica, as well as setting a precedent for similar
action against other media.
Enrique
Villalobos, president of the College of Journalists, noted
that "La Nación" was able to handle the cost of printing
the judgment, which lesser newspapers would have been unable
to do. "This time the affected party was a serious print media
of national importance. Being strong, La Nación
was able to cope with the cost of the judgment, but if this
had happened to another, smaller newspaper, the economic impact
would have been catastrophic."
Anita
Monestel is a freelance journalist in
Costa Rica.
Posted
in Spanish December 6, 1999
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