🚀 go-pugleaf

>X-POP3-Rcpt: media@outpost
>Return-Path: owner-carr-l@ULKYVM.LOUISVILLE.EDU
>Date:         Tue, 4 Jun 1996 22:48:20 -0400
>Reply-To: Computer-assisted Reporting & Research
>              <CARR-L@ULKYVM.LOUISVILLE.EDU>
>Sender: Computer-assisted Reporting & Research
>              <CARR-L@ULKYVM.LOUISVILLE.EDU>
>From: Bonnie Britt <bonnieb@CRIS.COM>
>Subject:      Liberte de la presse en Uruguay
>X-To:         IRE-L@MIZZOU1.missouri.edu.
>X-cc:         CARR-L@ULKYVM.LOUISVILLE.EDU.
>To: Multiple recipients of list CARR-L <CARR-L@ULKYVM.LOUISVILLE.EDU>
>
>Several South American journalists are not having one bit of fun. In fact,
>not one of us is free so long as these colleagues are jailed.
>
>Details follow in a forward to IRE-L and CARR-L.
>
>Bonnie Britt
>
>
>From: DM KESLER-FASANO <101723.1346@CompuServe.COM>
>To: <Jean-Paul.Ducasse@univ-lyon2.fr>, Matthew Gaylor <freematt@coil.com>,
>        Arielle neosoft <arielle@taronga.com>
>Subject: Liberte de la presse en uruguay/com2 Ang
>
>Paris,  31 may 1996
>PRESS RELEASE
>Uruguay reneges on international agreements by jailing journalists
>
>Press release by Federico Fasano's son and daughter, who live in Paris.
>
>. "Journalists Federico and Carlos Fasano of the Montevideo daily La Republica
>were sentenced to two years in prison last Thursday, without being allowed to
>submit proof of corruption allegations published by the newspaper against
>Paraguayan president Juan Carlos Wasmosy".
>
>. "It is inadmissible that a court in a democratic country should reject
>evidence in a case involving corruption, and should punish those who dare to
>publicise the facts, because informing the public of such matters is not just a
>right but an obligation".
>
>. "We wish to point out that Uruguay recently signed the International Covenant
>on Civil and Political Rights, article 19 of which guarantees press freedom".
>
>. "We ask all the media, as well as organisations that work to defend
> democracy,
>human rights and freedom of expression, to offer their immediate support by
>calling for the release of these journalists".
>
>Federico Fasano Maquez
>Magdalena Fasano Marquez
>
>For further information, please contact :
>
>Tel in Paris:   (33-1) 44 93 90 75      Fax: 44 93 91 74        (Pauline
>Ridel in
>Paris)
>Tel in Paris:                            (33-1) 39 92 03 21
>(Fasano's
>children in Paris)
>Fax in Paris                     (33-1) 40 41 46 95             (Fasano's
>children in Paris)
>Tel - Fax en Paris:             (33-1) 47 05 65 40              (Corresponsal)
>Tel - fax en Barcelona:                  (34-3) 28 46 431       (Corresponsal)
>Tel  in Madrid: (34-1) 553 49 09        fax: 534 97 47  (Izquierda Unida)
>Tel of newspaper La Republica:    (598-2) 47 35 65
>Fax of newspaper La Republica:    (598-2) 47 38 23
>Fax in London:          (44-171) 95 61 157              (Amnesty Internacional)
>Tel in Paris:                   (33-1)  44 83 84 84             (Reporters sans
>Frontiers)
>Fax in Paris:                   (33-1)  45 23 11 51             (Reporters sans
>Frontiers)
>
>Email:
>101326.3664@compuserve.com             (Pauline Ridel in Paris)
>101723.1346@compuserve.com              (Fasano's children in Paris)
>
>zelmar.michelini@afp.com                        (Agence France Presse- Paris)
>
>jzino@lander.es                                         (Corresponsal in
>Barcelona)
>consult@bitmailer.net                                   (Equipo Nizkor -
defensa
>de los derchos humanos)
>ivillar@chasque.apc.org                         (La Republica of Woman -
>Uruguay)
>pfasano@chasque.apc.org         (Pablo Fasano - Uruguay)
>RSF@calvanet.calvacom.fr                (Reporters sans Frontiers - Paris)
>cbekerman@mindlink.bc.ca                (Ecos de Mi Pueblo - Vancouver, Canada)
>dbarrer@aleph.fi.uba.ar                 (Asociacion de Ex-detenidos
>Desaparecidos)
>
>Web Internet:
>http://multi.com.uy/republica
>http://chasque.apc.org/ivillar
>-------------------------------------------------
>Ref. Communique N  2 - Francais du  2/06/96
>
>
>****************************************************************************
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>****************************************************************************
>
>-----------------
>(This next is the reply to a request for more details as to the specific
>charges against the Fasano brothers)
>
>- bb
>----------------------------------------------
>
>
>>LA TRADUCCION DE LA CARTA DE AMNESTY INTERNATIONAL DEBE SER OFICIALMENTE
>>TRADUCIDA POR ELLOS MISMOS - LA VERSION EN ESPANIOL ES LA OFICIAL Y
FIRMADA POR
>>EL SECRETARIO GENERAL, PIERRE SANE
>>
>>ESTA TRADUCCION NO ES OFICIAL PERO SIRVE PARA INFORMAR
>>
>>Amnesty International declares Uruguayan journalists prisoners of conscience
>>
>>The human rights organisation Amnesty International has called for the
>immediate
>>and unconditional release of Uruguayan journalists Federico and Carlos
>Fasano, jailed for exposing corruption involving the president of Paraguay.
>Amnesty has declared the journalists prisoners of conscience.
>>
>>In a letter made public on Monday 3 June Amnesty's secretary, Pierre Sane,
>urged
>>Uruguayan president Julio Maria Sanguinetti to intervene to have the two
>men freed.
>>
>>He said Amnesty had been extremely concerned to learn of the case of Federico
>>Fasano Mertens, editor of the daily La Republica in Montevideo, and Carlos
>Fasano Mertens, the managing editor.
>>
>>"According to information the organisation has received, the journalists were
>>sentenced to two years in prison on 23 May for publishing reports in
>February on the alleged corrupt conduct of the president of Paraguay, Juan
>Carlos Wasmosy", the statement continued. "The trial judge ruled that the
>reports represented an attack on the president's honour under Article 138 of
>the Uruguayan penal code which makes defendants found guilty of 'damaging
>the honour of a foreign head of state' liable to a sentence of between two
>and nine years in prison."
>>
>>Amnesty considers that the application of Article 138 in this instance
>>contravenes Article 19 (2) of the International Covenant on Civil and
>Political Rights, as well as Article 13 (1) of the American Convention on
>Human Rights, both of >which have been ratified by Uruguay.
>>
>>Article 19 of the covenant states: "Everyone shall have the right to
freedom of
>>expression; this right shall include freedom to seek, receive and impart
>information >and ideas of all kinds, regardless of frontiers, either orally,
>in writing or in >print, in the form of art, or through any other media of
>his choice."
>>
>>Article 13 of the convention states: "Everyone has the right to freedom of
>>thought and expression. This right includes the freedom to seek, receive
>and impart >information of all kinds, regardless of frontiers, either
>orally, in writing or in >print, in the form of art, or through any other
>media of his choice."
>>
>>Both these articles recognise that freedom of expression and thought carries
>>with it "special responsibilities" and is therefore subject to certain
>restrictions. >These include respect for the rights and reputations of
>others, and the protection of >national security, public order, and public
>health or morals.
>>
>>However, it should be pointed out that interpretations of these articles
>made by
>>groups such as the United Nations Commission on Human Rights and the
>Interamerican >Court of Human Rights emphasise that such restrictions on the
>exercise of freedom of >expression should not be allowed to endanger the
>right itself (1). Moreover, the
>>Interamerican Court of Human Rights has ruled that "when a person's freedom
>of >expression is illegally restricted, it is not only that person's right
>which is being >violated, but also everyone else's right to receive
>information and ideas. Therefore >the right protected by Article 13 has a
>special scope and character." (2)
>>
>>The European Court on Human Rights has also said that "respect for the rights
>>and reputations of others" does not justify arbitrary limitations on
>criticism, even >of state officials. In the case of Castelis versus Spain,
>the court ruled in 1992 >that Spain had infringed a journalist's right to
>freedom of expression by sentencing >him for publishing a report accusing
>the Spanish police of committing various >murders. The court made it clear
>that journalists had greater scope for criticising >civil servants than for
>criticising other persons, and that governments, because of >the power they
>hold, should not resort to prosecution in response to criticism by the
>>media which they consider unjustified, particularly as other procedures,
>such as >prosecution in a civilian court, are available. (3)
>>
>>The statement continued: "In view of the foregoing, Amnesty International
>>considers that the sentencing of Federico and Carlos Fasano to two years in
>prison >for the publication of reports on the alleged corrupt conduct of
>President Juan >Carlos Wasmosy constitutes an arbitrary restriction on
>freedom of expression which >cannot be justified in the name of respect for
>the reputation of others.
>>
>>"Amnesty International therefore considers that Federico and Carlos Fasano are
>>prisoners of conscience, because they are being held for the simple reason
>of >peacefully exercising their right to freedom of thought and expression."
>>
>>The organisation also asked the Uruguayan government to revise Article 138 of
>>the penal code.
>>
>>(1) See General Observation 10 (Article 19), approved by the Commission on
>Human
>>Rights, United Nations document CCPR/C/21/Rev.1,19
>>of May 1989, para. 4.
>>
>>(2) See Consultative Opinion C-5/85,13 of November 1985,
>>OEA/Ser.L/V/III.12, document 13, para. 30.
>>
>>(3) See the report by the European Court of Human Rights, Castelis v. Spain,
>>judgement of 23 April 1992, Vol. 236, Series A, para.
>>46.
>
>