COSTA RICA

COSTA RICA WHEREAS Costa Rican criminal law relating to what are known as "crimes against good name" and the crime of insulting public officials creates a framework that curtails the exercise of freedom of expression and of the press; and a number of provisions are inconsistent with international human rights treaties to which Costa Rica is a signatory WHEREAS recent case-law involving judgments against journalists and media outlets, many of which have been upheld and even inspired by the Criminal Division of the Supreme Court, has increasingly and dangerously curtailed the exercise of freedom of expression and of the press WHEREAS the excesses, authoritarian bias, and disregard for journalistic practice of the most recent such judgment, which was delivered against journalist Mauricio Herrera Ulloa and, as co-defendant in a civil action, the newspaper La Nación, make it arbitrary and set a dangerous precedent for the free press WHEREAS this precedent is now being used as a scare tactic against the Costa Rican press, and can be used by public officials to escape criticism and threaten critics, thereby doing serious harm to democracy in Costa Rica WHEREAS the Inter-American Commission on Human Rights, at the request of the special rapporteur on freedom of expression of the Organization of American States, has called for a stay of enforcement of the aforesaid judgment, while it reviews the complaint filed in relation to the case by journalist Mauricio Herrera Ulloa and those representing him WHEREAS Principle 5 of the Declaration of Chapultepec rejects the imposition of obstacles to the free flow of news, and Principle 10 establishes that no news medium nor journalist may be punished for publishing the truth or criticizing the government THE BOARD OF DIRECTORS OF THE IAPA RESOLVES to urge Costa Rica's government and legislative authorities to fast track an amendment to its legislation, as it relates to "crimes against good name" and the crime of insulting public officials, to eliminate the limitations on freedom of expression and of the press, and bring such legislation into line with international treaties and principles of international law to call upon Costa Rica's criminal courts and, especially, the Criminal Division of its Supreme Court, to decide actions brought against journalists and media outlets in a way compatible with the principles of international human rights treaties, in the strictest observance of the principle of presumption of innocence and with regard for the freedom of expression as a fundamental individual right and a prerequisite for a democratic society to publicly express its shock and indignation at the outrageous and authoritarian judgment delivered and upheld against journalist Mauricio Herrera Ulloa and the newspaper La Nación, and the dangerous precedent it sets for the free and independent press in Costa Rica and throughout the hemisphere to applaud the rapid intervention in this case by the special rapporteur on freedom of expression and the Inter-American Commission on Human Rights of the OAS, and express its sincere wishes that their involvement may bring about a halt to the outrage and abuse; prevent irreparable harm to the journalist Mauricio Herrera Ulloa, the newspaper La Nación and democracy in Costa Rica; and find a solution in the case that advances freedom of expression in Costa Rica.

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