PRESS RELEASE   

Nº 19/02

SATISFACTION WITH THE REPEAL OF “DESACATO” IN COSTA RICA

          The Inter-American Commission on Human Rights (IACHR) expresses satisfaction with the recent decision of the Legislative Assembly of Costa Rica to remove “desacato” from the country’s criminal code.

          “Desacato laws” criminalize any expression deemed offensive to a public official. The Office of the Special Rapporteur for Freedom of Expression has consistently maintained that individuals in charge of managing public affairs should be subject to public scrutiny as a guarantee of the proper functioning of democracy. Principle 11 of the Inter-American Declaration of Principles on Freedom of Expression states that “Laws that penalize offensive expressions directed at public officials, generally known as “desacato laws,” restrict freedom of expression and the right to information.” 

          Both the IACHR and the Office of the Special Rapporteur for Freedom of Expression have made known their view that all such laws in force in member states should be repealed, as they are incompatible with Article 13 of the Convention and with other pertinent instruments. On this occasion, the IACHR would like to laud the Costa Rican initiative. It is a step forward for Costa Rican law and should be taken as an example by other countries of the region. Moreover, the IACHR and the Office of the Special Rapporteur for Freedom of Expression hope that this initiative of the government of Costa Rica will pave the way for the repeal of other definitions of criminal activity that may represent obstacles to the full exercise of freedom of expression.

Washington, DC, 25 April 2002