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Quito Supreme Court, which was expected to issue its verdict in the
second half of May 2007. The vets have acknowledged that they did in
fact copy much of the book. Trial ongoing as of 30 June 2007; PEN is
seeking an update.
Francisco VIVANCO RIOFRÍO: managing editor of the daily newspaper
La Hora. On 10 May 2007 President Rafael Correa filed a libel suit
against Vivanco over an editorial entitled ‘Official Vandalism”, which
accused the President of ruling through “riots, sticks and stones” and
described his behaviour as “shameful”. The editorial was published on 9
March in connection with violence around presidential attempts to
schedule a referendum on redrafting the Constitution. The President is
said to have demanded a retraction, which Vivanco refused to do. If
convicted, Vivanco faces between six months and two years in prison and
a fine, under article 230 of the criminal code. Trial ongoing as of 30 June;
PEN is seeking an update.
On trial/ Suspended sentence
Nelson FUELTALA: journalist for the daily newspaper La Gaceta,
received a 60-day prison sentence and was ordered to pay US$70 in
damages for defamation by the High Court of Justice (Corte Superior de
Justicia) of Cotopaxi province on 6 March 2007. The case stems from the
newspaper’s publication on 2 June 2006 of comments allegedly made by
a former municipal commissioner, criticising Pujilí major Marcelo
Arroyo, who then sued Fueltala for defamation. Fueltala was initially
acquitted by the local court but the decision was overturned by the High
Court of Justice. The sentence has been suspended while the journalist’s
appeal is considered by the Supreme Court in Quito. New information:
As of 31 December the appeal was still pending at the Supreme Court in
Quito, which is expected to announce its verdict in early 2008.
GUATEMALA
Death threats
*Enrique CASTAÑEDA and Hilda MÉRIDA (f): journalists for El
Periódico, based in Guatemala city. On 31 October 2007, it was reported
that Castañeda and Mérida had been receiving death threats since 24
October, which they believed were linked to their investigation into
members of the Partido Patriota (PP) political party who were allegedly
involved in illegal activities including embezzlement of government
funds. The director of El Periodico decided not to publish their findings,
but asked them for a draft of the report. The journalists were concerned
because the newspaper’s editing vice-president, Mario Fuentes Destarac,
reportedly stood to be appointed to a high-ranking government post if the
PP won the November 2007 elections. After handing over the draft, the
journalists began to be followed and to receive death threats urging then
not to publish their investigation. They have filed a complaint with the
General Prosecutor for Human Rights.
Case closed
Ana Carolina ALPÍREZ (f) and José Ruben ZAMORA: editor-inchief
and director respectively, of the morning newspaper elPeriódico in
Guatemala City, have been taken to court for revealing the identities of
two police advisors. On 8 March 2007 an elPeriódico editorial published
the names of brothers Henry Danilo and José Luis Benítez Barrios, as
former unpaid police advisors. The editorial referred to an occasion on
which the brothers had allegedly entered Pavón prison, wearing police
uniforms and heavily armed. According to the Benítez Barrios brothers,
that night (8 March) they were victims to an armed attack while they
were travelling by car, which they believe to have been provoked by the
editorial. On 16 March they took legal action against Zamora and Alpírez
for attempted murder. The Human Rights Procurator (Procurador de los
Derechos Humanos) has reportedly stated that said that the 8 March
editorial had not constituted an invitation to murder, but had “simply
made known information which was later confirmed by government
authorities.” New information: On 20 April 2007, the case was dropped
due to lack of evidence. Case closed.
HAITI
Death threats/ harassment
*Joseph GUYLER C. DELVA: journalist for the New York-based
Haitian Times, Port-au-Price correspondent for the BBC, Reuters, the
Caribbean Media Corporation and host of a radio news show, reportedly
received death threats on 25 October 2007. The threats were made to his
mobile phone from blocked numbers, and the callers told him to be
careful, that they knew who he was and that they would ‘get him’. The
journalist is also the president of the local press freedom group SOS
Journalists, and of the Independent Commission for Supporting
Investigations into Murders of Journalists (CIAPEAJ), a body which
reviews the process of state investigation of the murders of journalists in
Haiti. He notified the authorities of the threats. On 9 November, after
reportedly being chased by a gang of unidentified men in Port-au-Prince,
Delva temporarily left the country, returning a few weeks later, on 25
November. He was greeted on arrival by the public prosecutor in Port-au-
Prince, who reportedly obtained a formal promise from President René
Préval to safeguard Delva’s safety. At a press conference on 26
November, Delva said he believed Senator Rudolph Boulos was behind
the threats made against him.
HONDURAS
Threats
*Martín RAMÍREZ: journalist for the daily La Tribuna, based in
Tegucigalpa, reportedly received threats on 7 September 2007, after
writing about violent organised gangs, and their alleged possible connection
with the police. The article, published that day, did not carry
Ramirez’ name; however, the police revealed that he was the author and
he and his family began receiving telephone threats.
Case closed
*Mauricio Flores and Nelson Fernandez: editor of the daily El Heraldo,
and managing editor of the daily La Prensa respectively, were sued on 28
September 2007 by the chief of the communications company Hondutel,
Marcelo Chimirri, for damaging his reputation. Both newspapers had
published an article, which originally appeared in the Mexican daily El
Universal, which alleged that Hondutel employees were embezzling part
of the proceeds from international calls, resulting in losses for the
Honduran treasury. On 5 October, it was reported that judges had ruled
that there were insufficient legal reasons for bringing a case to be brought
against the journalists.
MEXICO
Killed: investigation
*Gerardo Israel GARCIA PIMENTEL: journalist for the daily newspaper
La Opinión, based in Michoacán, western Mexico, was shot dead