We the undersigned find the charges brought against our colleague, Dr. Ernesto Bustamante, and the subsequent guilty verdict, to be a violation of universal human rights and a travesty against long-standing and universal principles of behavior, as articulated by Article 19 of the Universal Declaration of Human rights, which reads:

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

More specifically, the verdict destroys the integrity of science.  Ultimately, the strength of science lies in peer review.  It is an established and universal procedure that scientists publish their work precisely so the rest of the scientific community can evaluate it.  No scientist ever publishes under any illusion that their work will be accepted without question.  A few of the published research papers stand the test of time.  Others fall by the wayside, as scrutiny by the scientific community at large is able to find flaws or alternative interpretations for their results.  Only when the science community at large validates a piece of scientific work after repeated questioning and challenges, thus separating facts from artifacts, can science move forward.  Therefore, engaging in scientific critique has become both a right and a duty for scientists.

We are saddened that another Peruvian scientist took personal offense when her results were questioned.  Legitimate scientists would have reviewed their data to ensure its integrity. Instead, she chose to seek redress through the court system.  But by doing so, she violated the tenets that form the very foundation of science. We wish to stress that no court ruling is ever able to alter scientific fact or the laws of nature.

Moreover, we are surprised that Dr. Bustamante could be found culpable of defamation when Article 133 of the Penal Code of Peru states explicitly:  “One does not commit injury or defamation when one deals with:  2. Literary, artistic or scientific critiques.”  Dr. Bustamante engaged in a scientific critique of the scientific merits of the work of another scientist.

As long as scientists who follow the standard scientific process can find themselves subject to prosecution, legitimate science cannot be practiced in Peru.  We therefore call upon Peru to restore the ability of scientists to exercise their discipline and pursue truth in accordance with the values of the free world, and call upon the Peruvian authorities to reverse the ill-considered and unfounded verdict.

In solidarity with Dr. Bustamante, we sign below:

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