European Court of Human Rights
Suprun v. Russia
June 18, 2024

“This case is especially valuable since it upholds access to information in a context where the right to truth and historical memory take precedence too. With the rise of authoritarianism in all latitudes of the world, the protection of expression is still one of the best remedies against forces that seek to suppress evidence of past abuses and rewrite history to tailor it to political purposes. This decision strengthens such protections.”
Juan Manuel Ospina, Editor and Legal Researcher

“At a time when authoritarian regimes increasingly seek to rewrite or suppress historical narratives, the decision underscores the critical importance of safeguarding access to information and protecting the pursuit of historical truth. By affirming these principles amidst a global rise in disinformation and state control over historical records, the ruling serves as a powerful reminder of the role of independent research and free expression in preserving democratic values.”
Marija Šajkaš, Communications Specialist

“This pivotal ruling strengthens access to information, a cornerstone of democratic accountability and institutional integrity. By affirming the right to obtain publicly held information, the Court bolsters the standards of transparency and reinforces the role of free expression in challenging disinformation and fostering historical truth. Suprun v. Russia emerges as a landmark in the ongoing effort to safeguard democratic values and build resilient institutions, particularly amidst a global wave of authoritarianism and attempts to obscure public records.’’
Anderson J. Dirocie De León, Legal and Program Consultant

The case analysis is also available in Spanish.

Inter-American Court of Human Rights
Memoria Activa v. Argentina
January 26, 2024

“This is a landmark decision dealing with the deadliest terrorist attack against the Jewish community in Argentina—the 1994 bombing of the Asociación Mutual Israelita Argentina—and the condemnation of the Argentine state was a historic milestone in the victims’ three-decade struggle for truth and accountability. The Inter-American Court established groundbreaking norms of access to information in cases of grave human rights violations and consolidated the link between transparency, democratic control of intelligence operations, and the preservation of historical memory. This ruling not only reaffirms the right to truth, but also underscores the need to dismantle structural impunity through institutional reforms and judicial guarantees.” 
Lautaro Furfaro, Legal Researcher

“Among other measures, the Court ordered structural reforms regarding the use of intelligence information as evidence in judicial cases and on access to documentation. Additionally, the Court ordered the regulation of declassification processes, ensuring full access for victims to declassified information, which must be properly preserved to facilitate public consultation and transparency.” 
Estefanía Mullally, Program Coordinator

The case analysis is also available in Spanish.

Brazil
The case of judicial harassment against journalists in Brazil
May 22, 2024

‘‘This landmark decision by the Brazilian Supreme Court represents a critical step in addressing the misuse of SLAPPs as tools for silencing dissent. By declaring judicial harassment of journalists unconstitutional, the Court not only reinforces press freedom but also sets a precedent in the Latin American context, where such abusive practices have increasingly threatened public debate. This ruling highlights the innovative legal reasoning behind recognizing SLAPPs as a systemic threat to freedom of expression, paving the way for robust legal protections against such abuses in the region and beyond.’’
Anderson J. Dirocie De León, Legal and Program Consultant

“With this ruling, the Brazilian Supreme Court joins a growing Latin American legal conversation—including courts in Colombia, Mexico, Argentina, Uruguay, and the Inter-American Court of Human Rights, among others—that has conceptualized SLAPPs as a tool of abusive restriction to freedom of expression. In particular, since 2020, courts in the region have begun to conceptualize this phenomenon and establish legal remedies to curb its chilling effect on debates of public interest.” 
Lautaro Furfaro, Legal Researcher

“This landmark ruling was celebrated by civil society organizations, including Media Defence and the Committee to Protect Journalists, as it marks a significant advancement for press freedom and the protection of independent journalism in the region. By declaring judicial harassment of journalists and media outlets unconstitutional, the Federal Supreme Court of Brazil aims to put an end to the abuse of the legal system as a tool for intimidation and censorship.”
Estefanía Mullally, Program Coordinator

The case analysis is also available in Spanish.

Hong Kong
Case of “Glory to Hong Kong” Song
May 8, 2024

“This alarming ruling disproportionately suppresses political speech, creating a chilling effect on Hong Kong’s pro-democracy movement. By undermining judicial independence and deferring to the executive branch’s assessment of national security threats—while misapplying comparative UK law—the decision further entrenches autocratic control. The government’s use of a civil injunction to extend the reach of its national security law complicates resistance from internet service providers, forcing tech companies into complicity with censorship and enabling a sweeping takedown of the protest song.”
Hawley Johnson, Associate Director

“The case adds to the brutal crackdown on fundamental rights and freedoms in Hong Kong. With dozens of other cases that contract expression—Jimmy Lai’s trial, 45 activists sentenced to prison terms most recently—this one stands out because a song is on trial. The Court sides with the government and deems the anthem a national security threat.” 
Anastasiia Vorozhtsova, Editor and Legal Researcher

The case analysis is also available in Spanish.