Attacks on the Press in 2011 - Peru
|Publisher||Committee to Protect Journalists|
|Publication Date||22 February 2012|
|Cite as||Committee to Protect Journalists, Attacks on the Press in 2011 - Peru, 22 February 2012, available at: http://www.refworld.org/docid/4f4cc9822.html [accessed 24 October 2016]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Authorities use criminal defamation laws to jail, harass journalists.
Anti-press violence grows. Numerous pre-election attacks reported.
Press freedom suffered notable setbacks in 2011. In the run-up to the presidential election in June, journalists reported an alarming rise in attacks and threats in response to campaign coverage. In northern Peru, one journalist was murdered in reprisal for his work, while two others were killed under unclear circumstances. Trial courts convicted four journalists under archaic criminal defamation laws, with one reporter imprisoned for more than six months until his conviction was overturned on appeal. President Ollanta Humala pledged upon assuming office in July to be a "defender of human rights, freedom of the press, and freedom of expression." In July, Congress passed a bill that would eliminate jail terms for defamation, but by late year the president had not signed the measure into law.
[Refworld note: The sections that follow represent a best effort to transcribe onto a single page information that appears in tabs on the CPJ's own pages, which also include a number of graphics not readily reproducible here. Refworld researchers are therefore strongly recommended to check against the original report: Attacks on the Press in 2011.]
Days in prison: 193
Broadcast journalist Paul Segundo Garay Ramírez was jailed on April 19 on charges of defaming a prosecutor in Coronel Portillo. He was initially sentenced to a three-year prison term. On October 28, the Supreme Court tossed out the conviction, citing flawed evidence. A key audiotape, the court found, had not been properly authenticated.
Garay case timeline:
April 19: Garay was imprisoned on charges of defaming Coronel Portillo prosecutor Agustín López Cruz in an undated radio clip.
July 27: An appeals court in Ucayali upheld the sentence but reduced the prison term to 18 months.
September 19: Chief prosecutor Pablo Sánchez Velarde issued a report that found flaws in the case evidence, including lack of proof that the voice on the recording belonged to Garay.
October 29: Garay was freed after 193 days in prison, a day after the Supreme Court overturned the conviction.
Criminal defamation convictions: 4
In addition to Garay, three other journalists were convicted in 2011 on criminal charges of defaming public officials in critical news coverage. Peru's defamation laws are increasingly out of step with regional trends.
A year of defamation cases:
July: Reporter Hans Francisco Andrade Chávez was convicted on charges of defaming an official in Chepén; an appeals court overturned his conviction in October on procedural grounds.
September: TV and radio station owner Gaston Medina was given a suspended prison sentence and fined on charges of defaming a local congressman.
November: Broadcast journalist Teobaldo Meléndez Fachín received a suspended prison sentence and fine on charges of defaming a local mayor.
A growing regional consensus to decriminalize defamation:
2009: Costa Rica repealed prison terms for criminal defamation.
2009: Argentina revoked criminal defamation provisions regarding information of public interest.
2009: Brazil voided the 1967 Press Law, which imposed harsh penalties for libel and slander.
Pre-election attacks or threats: 8
CPJ documented eight cases in May in which journalists were assaulted, threatened, or harassed in response to their coverage of the June 5 presidential race.
Breakdown of attacks:
4: Received death threats
Murdered in 2011, motive confirmed: 1
Television reporter Pedro Alfonso Flores Silva, who had covered local government corruption in the northwestern province of Casma, was shot on September 6 and died two days later. Two other journalists were killed in 2011 in unclear circumstances. Radio host Julio Castillo Narváez was gunned down on May 3, and José Oquendo Reyes was killed on September 14. CPJ was investigating the murders to determine whether they were work-related.
7: Peruvian journalists murdered in direct relation to their work since 1992
3: Fatalities in 1992
1: Fatality in 1993
1: Fatality in 2004
1: Fatality in 2007
1: Fatality in 2011
Congressional access violations: 2
In two cases, Peruvian courts ruled that Congress had violated the country's access-to-information law by withholding records related to alleged malfeasance by members. Courts ruled that Congress must turn over information requested by the regional press group Instituto Prensa y Sociedad (IPYS). Congress had not complied with either ruling by late year.
7-12: Days allotted by Peruvian law to process information requests.
4: Years it took IPYS to win a court ruling confirming that the public should have access to a Congressional debate that led to sanctions against a member.
2: Years it took to win a court ruling confirming the public should have access to records concerning an allegedly unauthorized Congressional payment.