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When Ecuador’s President Rafael Correa issued Monday a presidential pardon and forgave a multi-million dollar fine and prison terms for a former editorial writer and three owners of the Ecuadorean daily, El Universo, the impact of the case on press freedom was already irreversible. The accusations left an indelible mark on anyone’s desire to challenge President Correa on his presidential duties.
The presidential pardon also benefitted two book authors who had been accused by Correa in a civil libel case that sought $1 million dollars in damages, charging the writers with defamation for an investigation on alleged suspicions that President Correa’s brother engaged in corrupt practices linked to government-issued contracts. Both the book authors, Juan Carlos Calderón and Christian Zurita, and El Universo publishers and editor, were dragged through the Ecuadorian legal system for months, facing a formidable government campaign.
Correa’s announcement came as Ecuador had to show up at a special hearing before the Organization of American States legal body, The Inter American Human Rights Court. In early February the Court issued a request asking Correa to stop the sentence against the daily and the other journalists.
El Universo replied that it had to review the presidential pardon to respond accordingly. The presidential pardon only erased the sentences from the record but not the legal edict issued by the National Justice Court, which remains on the books as a legal precedent. This factor, according to several international press freedom organisations, could lead to future actions against the press.
As it is often the case in causes célèbres, public opinion forgot the content of the editorial that unleashed the Ecuadorean President’s unhappiness. In it, the editorial director, Emilio Palacio, wrote that Correa´s decision to have government forces fire against a civilian hospital during a police uprising in 2010 could lead to future accusations of crimes of less humanity.
El Universo is an 89-year-old daily that was known for its centrist positions. Its long-time publisher died in 2002 and three of his sons, Oscar, Nicolas and Cesar Perez took over the leadership of the daily. Emilio Palacios, who worked at the daily remained in charge of the editorial page. Emilio Palacio is the brother of former Ecuadoran President Alfredo Palacio, who was in office from 2005 to 2007. Correa was Alfredo Palacio´s Minister of Finance, but he resigned after a year, because of disagreements over the economic policies of Palacios.
Panamanian president Ricardo Martinelli offered asylum to Ecuadoran publisher Carlos Pérez Barriga, one of the owners of the El Universo newspaper. Last week Pérez was sentenced to three years in prison and 26m GBP in fines for defaming Ecuadoran president Rafael Correa. Emilio Palacio, the journalist who penned the editorial that provoked Correa’s libel complaint, has sought asylum in the US. Pérez’s brothers — who are co-owners — are also currently in the United States and reportedly fear returning to Ecuador.
A second cleric is suing Irish public service broadcaster RTE for libel, after they accused him of child abuse. Former Archbishop Richard Burke claims he was named in the same Prime Time Investigates programme as Father Kevin Reynolds, whom RTÉ alleged had fathered a child while a missionary in Kenya. Burke admitted to having a sexual relationship with a woman whilst working in Nigeria, but claimed she was an adult at the time and that the relationship was consensual. ‘Mission to Prey’ claimed that the cleric had abused a minor.
On 10 February, Abdel Aziz Al-Jaridi, director of two daily newspapers, Al-Hadath and Kul-Anas, will appeal a defamation conviction. Al-Jaridi was sentenced to four months in prison by the first instance court on 13 June 2011 for defaming Al-Jazeera news anchor Mohamed Krichen.
Krichen lodged a complaint against Al-Jaridi in April of last year. On 6 February, the Committee to Protect Journalists (CPJ), called on Tunisian authorities to drop the jail term given to Al-Jaridi.
“Tunisian appeals court should throw out the prison sentence against journalist Abdel Aziz al-Jaridi at a 10 February hearing and authorities should use his case as an opportunity to break from the repressive practices of Zine El Abidine Ben Ali’s era,” said the CPJ.
Journalists in Tunisia can face up to six months in prison for defamation.
Al-Jaridi, considered to be a supporter to the former regime, is known for his articles defaming opposition figures and dissident voices during the rule of Zeine El Abidin Ben Ali.