Santo Domingo, Dominican Republic. – The Second Chamber of the Supreme Court of Justice issued the sentence that condemns the journalist Salvador Holguín for defamation against Deputy Lucia Medina.
The ruling establishes that the communicator must pay compensation of RD $ 5,000,000.00 in favor of Lucia Medina as fair reparation for the damages suffered by the citizen.
When the information was published, Salvador Holguín said that although the ruling favors Medina, he will be “the winner”, since he will publish a book called “EL BRAGUETAZO”, where he warned he will talk about compromising issues.
“Yomaira Medina will know if she won when she published the book« EL BRAGUETAZO; infidelity, drug trafficking, betrayal, reelection, persecution and corruption … », said Holguin.
According to the press release issued by the SCJ, it is indicated that both the judgment issued by the Court of Appeal, and that of the Second Chamber of the Supreme Court of Justice, establish that the intention of the accused has been clearly and beyond doubt. Salvador Holguín to attempt against the honor of the deputy.
“The Second Chamber of the SCJ, has been able to verify the criminal responsibility of the accused in the act of the case, both in the sentence issued by the first-degree court, and for the one issued by the second-grade court, when each and every one of them is configured one of the constituent elements of defamation ”, indicates the statement sent to the drafting of this medium.
It also ensures that the intention to damage the honor and good name of Mrs. Lucia Medina Sánchez was proven.
“Fact that was evidenced in a video of the Hilando Fino program, where Mr. Salvador Holguín Espinal issued pronouncements that undermine Medina’s honor and good name.”
Said sentence establishes that no right is absolute in terms of its exercise and a sample of it is the right to free expression that has a limit to its action, “as established in art 49 of the Dominican Constitution that provides that the enjoy these freedoms will be exercised respecting the right to honor, privacy, as well as the dignity and morals of people.
The ruling device also refers to what is established by the Constitutional Court on the exercise of the fundamental right to freedom of expression and dissemination of thought, in that sense, the high court considers that to guarantee the legal order and a peaceful coexistence, The threshold of this right should be limited to the fact that its dissemination is not impregnated with obscene phrases, insulting or insulting expressions, or based on illogical and disproportionate information.
The court has also considered that the comments issued by the communicator Salvador Holguín Espinal in his Hilando Fino program, have caused moral damage to the citizen Lucia Medina Sánchez, whose objective has been to undermine her good reputation and honor, which has caused her a personal injury, direct, true and current, subject to reparation, as was verified by the Court of Appeal.
In its judgment, the high Court says “it has been possible to verify that the decision of the Court of Appeal is correctly motivated and in it it explains the reasons that the second degree court had to confirm the fact proven by the First Degree Court to be configured each of the constituent elements of the criminal type, especially, the intention as it could be observed in the main test of the present process consisting of the video corresponding to the fine spinning program dated November 7, 2016 ”.