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Tainá Garcia Maia

Case of Mémoli v Argentina, Mémoli and Mémoli v Argentina, Preliminary objections, merits, reparations, and costs, IACHR Series C No 265, IHRL 4200 (IACHR 2013), 22nd August 2013, Inter-American Court of Human Rights [IACtHR]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 18 August 2022

Whether the application of criminal sanctions for libel and defamation and long-lasting civil proceedings for the same acts violated freedom of thought and expression, as protected under Article 13 of the American Convention on Human Rights (‘ACHR’).

Whether failure to apply a provision that decriminalized statements on matters of public interest and opinion violated the right to legality and to the retroactivity of the more favourable criminal provision in line with Article 9 of the ACHR.

Whether the continuance of civil proceedings for an unreasonable time and the application of extensive precautionary measures on the assets of defendants violated the right to a fair trial within a reasonable time and the right to property, protected by Articles 8.1 and 21 of the ACHR.

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