The Inter-American Commission on Human Rights (IACHR) has taken formal action against Paraguay by filing an application before the Inter-American Court of Human Rights. This follows allegations of human rights violations stemming from a case involving Paraguayan journalist Aldo Zuccolillo Moscarda. Central to the allegations are breaches of the right to freedom of expression and judicial guarantees, as detailed in a press release published on Monday.
The case dates back to 1998 when Aldo Zuccolillo, then editor-in-chief of ABC Color, faced a lawsuit initiated by politician Juan Carlos Galaverna. Galaverna accused Zuccolillo of libel, defamation, and slander. Although initially fined in 2001, Zuccolillo’s appeals led to a more severe fine by the Appeals court in 2002. Paraguay’s Supreme Court later ruled for an additional fine, asserting that Zuccolillo had damaged Galaverna’s honor.
However, a Merits Report from the IACHR concluded that Zuccolillo’s criticism addressed essential issues of public interest, protected under democratic principles, thereby not constituting a criminal offense. The report found that the Supreme Court violated key principles of legality and non-retroactivity, penalizing Zuccolillo for actions preceding the relevant law.
The IACHR further criticized the protracted seven-year criminal proceedings as unreasonable. The commission noted the courts’ lack of clear rationale in determining the fines imposed. Furthermore, it determined that Paraguay violated Zuccolillo’s rights to a fair trial, protection from ex post facto laws, and freedom of thought and expression, as enshrined in Articles 8, 9, and 13 of the American Convention on Human Rights.
In its recommendations, the IACHR urged Paraguay to enact five redress measures. These include compensating Zuccolillo’s widow and daughters for material and non-material damages and annulling the criminal sentences imposed on him. Additionally, the IACHR suggested that Paraguay publicly apologize for subjecting Zuccolillo to criminal proceedings for his journalistic activities and amend its criminal laws on defamation to align with international human rights standards.
For more details on the case and the IACHR’s findings, visit the full article on JURIST.