3
c)
“[t]he radio stations shuttered by the Ministry of Housing and Public Works were
characterized by their transmission of independent opinion and informational programming which
hosted opinion leaders, members of political parties, and local officials of all political stripes, some
of whom were critical of the present government. [...] [O]n these stations, mayors and governors
of all persuasions frequently appeared before the nation, including some opposed to the national
government who do not have the possibility of using other means of communication with the same
regularity and reach. [...] The petitioners provided information showing that in 2007 the stations
of the Belfort National Circuit placed fourth in Caracas and first in Maracaibo, respectively, in terms
of total listeners”;
d)
“[t]he closure of the ‘Belfort National Circuit’ stations [...] accompanied by the
announcement of the closure of more than 200 stations (who were not identified by the Ministry at
the time of the announcement), has resulted in serious intimidation and a chilling of speech in the
remaining Venezuelan media outlets”;
e)
“[t]he closure of the radio stations additionally gives rise to a situation of irreparability.
[...] [According to the Commission, the] petitioners specifically demand their right to participate—
and facilitate the participation of other independent voices [...]—in their country’s democratic life.
They made particular reference to discussions on topics of great national importance that will be
conducted in the coming months, such as the debate on “transcendental laws’ and, especially, the
elections in the National Legislative Assembly, as well as the election of all legislators at the local
and regional levels. The Commission [argued] that in the present case it [becomes] necessary to
provisionally protect the right to freedom of expression both in its individual dimension (in favor of
the proposed beneficiaries, shareholders, directors, and journalists who have already been
identified) as well as in its social dimension at the moment in which the proposed beneficiaries’
ability to express themselves freely during the electoral process is restricted and where Venezuelan
society’s ability to receive information and opinions of all types during this process is compromised.
This harm would be later consolidated if the ‘Belfort National Circuit’ stations were to remain closed
during the aforementioned electoral period. This consolidated harm—the damage to freedom of
expression during the 2010 electoral process—would be irreparable even if the [Commission] were
to eventually reach a decision on the merits favorable to the petitioners”; and
f)
“sufficient elements exist to justify the adoption of provisional measures as in this case
the closure of five radio stations and the later direct assignment of the most important of these
stations to the National Assembly had the objective effect of silencing a national radio circuit that
made nationwide transmissions of critical or independent programming, as well as occasioning a
serious chilling effect on the remaining independent broadcasters. Without prejudice to the merits
of the matter regarding the compatibility of this closure with the American Convention, the
Commission finds it necessary to temporarily reestablish and preserve the petitioners’ freedom of
expression until the [Commission] reaches a decision on the merits of the petition. Fundamentally,
this tak[es] into account two aspects: first, the gravity of the encumbrance on freedom of
expression in its individual and social dimensions; and second, the need to prevent this
encumbrance from becoming irreparable [considering] the 2010 electoral process [which would not
be the case if] those persons allegedly affected are able to express their ideas and opinions and to
open the airwaves so that other persons, distinct from those who legitimately tow the official line,
may express themselves and exert an influence on the [democratic process].”
4.
Based on the foregoing considerations, the Commission requested that the Court
order the State to:
Adopt, without delay, such measures as may be necessary to temporarily reestablish the right of
Raiza Elizabeth Istúriz de Belfort, Nelson Enrique Belfort Istúriz, Antonio José Belfort Istúriz, Zayra
Adela Belfort Istúriz, and Luis Miguel Belfort to operate the radio stations under the auspices of the
Belfort National Circuit that were closed by the State until such time as the present matter before
the Inter-American System is resolved.
5.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) of March 2,
2010 whereby, pursuant to instructions from the President of the Court (hereinafter “the
President”), the State was requested to submit its relevant observations on the
Commission’s request for provisional measures no later than March 16, 2010. This time
period expired without the State’s submission for which the Secretariat reiterated its
request on March 19, 2010. At the time of the present Order’s adoption, Venezuela has not
submitted the required information.