The Inter-American Court has also noted that, when a punishable fact is being investigated, the decision to define the information as secret and to refuse to submit it can never depend exclusively on a State body whose members are deemed responsible for committing the illegal act. Thus, what is incompatible with the rule of law and effective judicial protection is not that there are secrets, but rather that they are outside legal control.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Governance & Rule of Law
Person(s) affected
All
Year
2013
Paragraph type
Other
Reference
SR Freedom of Opinion, Report to the UNGA (2013), A/68/362, para. 62.