Sociedad Interamericana de Prensa / Inter American Press Association / Sociedade Interamericana de Imprensa

Hemispheric Conference:
 The Judiciary, The Press, and Impunity
Hilton Santo Domingo Hotel
Santo Domingo, Dominican Republic
July 18-20, 2007

Declaration of Principles

1. Discurso Rafael Molina
2. Discurso Jorge Subero Isa
3. Conferencia Magistral Sergio García Ramírez
4. La autocensura máxima consecuencia de la violencia
5. El valor de la jurisprudencia interamericana
6. La experiencia de los jueces ante la impunidad
7. Experiencias positivas para combatir la impunidad
8. Desafíos y recomendaciones para combatir la impunidad
9. Las relaciones entre el poder Judicial y los medios de comunicación

The participants in the Hemispheric Conference on the Judiciary, the Press, and Impunity, called by the Inter American Press Association and sponsored by the Supreme Court of the Dominican Republic:

Considering

That the killings, threats, and pressures on journalists and those who administer justice constitute a direct attack on society and democracy;

That Articles 3, 5, 8, 10, and 19 of the Universal Declaration of Human Rights establish the right to life, to personal integrity, to effective judicial protection, to due process, to freedom of expression, and to freedom of the press;

That the aforementioned declaration specifically states, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”;

That the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights are highly consistent with the aforementioned statements;

That the Declaration of Principles on Freedom of Expression, adopted by the Inter-American Commission on Human Rights in 2000, states in Principle 9, “The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation”;

That Principle 4 of the 1994 Declaration of Chapultepec states, “Freedom of expression and of the press are severely limited by murder, terrorism, kidnapping, intimidation, the unjust imprisonment of journalists, the destruction of facilities, violence of any kind and impunity for perpetrators. Such acts must be investigated promptly and punished harshly”;

That the Inter-American Court of Human Rights has stated that effective judicial protection “constitutes one of the basic pillars not only of the American Convention on Human Rights, but also of the rule of law itself in a democratic society, according to the Convention” (Claude Reyes v. Chile, 2006, paragraph 131), and that freedom of expression and of the press is “a cornerstone upon which the very existence of a democratic society rests” (Advisory Opinion OC 5/85, “Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism,” paragraph 70);

Recalling

That the Main Declaration of the Ibero-American Summit of Supreme Court Chief Justices, held in Cancún, Mexico, in 2002, states, “The rule of law in modern times is characterized by the legal assurance, certainty, confidence, and genuine possibility that each individual is granted that to which he or she is entitled by law”;

That the Declaration of the Ibero-American Summit of Supreme Court Chief Justices and the Declaration of Judiciary Councils, held in Copán/San Salvador, in 2004, states: “A judicial system and a press that are independent and impartial, and whose actions are governed by acceptable levels of professionalism and ethics, are essential to strengthening a democratic society”;

Aware

That one of the essential duties of the judicial branch, as established in the constitutions of Latin America, is to protect each individual’s rights from the excesses and omissions of the other branches of government, as well as from those who violate the law, and to uphold their constitutional rights in the process;

Agree

1. To emphatically repudiate violence when perpetrated in an attempt to prevent the practice of freedom of the press and freedom of speech and to obstruct justice.

2. On the importance of taking the measures necessary to investigate and punish attacks on freedom of speech and crimes against journalists and officials of the justice system in order to break the vicious cycle of impunity.

3. On the importance of encouraging all branches of governments, of each country and at every level, to apply the international and inter-American instruments that provide conceptual and normative tools to hand down sanctions with greater effectiveness against those who attack freedom of speech and obstruct justice, without jeopardizing judicial independence.

4. To create opportunities to join with specialists and members of society to discuss the possibility of pursuing legal reforms so that those guilty of attacking freedom of speech may be duly prosecuted, convicted, and sentenced; specifically, when applicable, to recommend the implementation of new model of criminal procedure.

5. To promote national and regional forums and seminars for members of the media and the judiciary in order to create opportunities for them to find common grounds, seek mutual understanding, and engage in a dialogue on a culture of lawfulness and the value of freedom of speech, and that public education campaigns on these issues be pursued.

In the city of Santo Domingo, National District, the capital of the Dominican Republic, on this 20th day of July 2007.