63
217. The Commission mentioned that on December 3, 2002, reporter Aymara Lorenzo,
cameraman Richard López and camera assistant Félix Padilla were covering a little protest
when the National Guard fired baton rounds at the news team after it had succeeded in
dispersing the demonstrators191. The representatives mentioned that when a very small
number of demonstrators were there, a group of the National Guard started to clear the
area using a completely disproportionate level of violence, throwing tear-gas canisters and
pellets and that, when there were just a few reporters of Globovisión and of other television
station, they continued shooting, creating a situation of evident attack and harassment and
even, injuring some of the workers from the media.
218. From the video furnished as evidence by the Commission, it is possible to observe
that there was a protest and at some moment, reporters from Globovisión and from other
mass media tried to interview members of the police, who declined to make statements.
Furthermore, it is possible to hear something like gunshots fired into the air by officers of
the National Guard while the reporters were moving away and it can also be seen a security
officer hiting one of the civilian that was on the site with a microphone and wearing a bulletproof vest192. It is impossible to tell from the video whether such person was one of the
alleged victims. Mr. Félix Padilla193, Mr. Richard López194 and Mrs. Aymara Lorenzo agreed
with the arguments put forward by the representatives195. These facts were reported by the
alleged victims before the Venezuelan authorities196. The representatives mentioned that
several investigative proceedings were conducted between January 24, 2003 and May 4,
2005 by the 50º Plenipotentiary Public Prosecutor Office197. The State did not inform any
proceeding carried out as of the complaint.
219. The Court notes that there it has not been proven that an officer had directly
attacked the alleged victims or that he treated them using force, specially tear-gas canisters
or pellets. Also, it was not found that the shots of the video have been directed to any of
the alleged victims.
191
The Commission pointed out in the application that "On December 3, 2002, reporter Aymara Lorenzo,
cameraman Richard López, and camera assistant Félix Padilla were covering a small demonstration that had
started in connection with a strike called by the Democratic Coordination opposition umbrella group, the
Venezuelan Workers’ Confederation, and the Federation of Chambers of Commerce, protesting the intervention of
the Metropolitan Police and the militarization of the country’s main cities. When the journalist approached a person
to ask some questions, the National Guard fired baton rounds at the news team after it had succeeded in
dispersing the demonstrators.
192
Cf. video (appendix 3 to the application)
193
Cf. Affidavit rendered by Aymara Lorenzo on April 8, 2008 (records of evidence, volume XXXII, pages
8519-8522) and Request for justification of June 17, 2003 presented before the 20º Municipal Court of the Judicial
District of Caracas Metropolitan Area, containing the statements of Félix Padilla Geromes and Aymara Anahí
Lorenzo Ferrigni (records of evidence, volume IV, pages 898-901 and 909-910).
194
Cf. Affidavit rendered by Richard López on April 15, 2008 (records of evidence, volume XXXIII, pages
8795-8799) and statement of Richard López Valle (records of evidence, volume X, appendix 50 to the brief of
pleadings, motions and evidence, page 3082)
195
Cf. Request for justification of June 17, 2003, filed with the 20º Municipal Court of Caracas Metropolitan
Area containing the declaration of Felix Padilla Geromes and Aymara Anahí Lorenzo Ferrigni (records of evidence,
volume IV, and page 898 -901 and 909-910).
196
Cf. complaint lodge with the 2º Public Prosecutor Office of the Attorney General’s Office of the Judicial
District of Caracas Metropolitan Area on March 10, 2003 (records of evidence, volume IV, appendix 8 to the
application, pages 965 - 975) and brief of October 26, 2004 presented to the 68º Public Prosecutor Office of
Caracas Metropolitan Area (records of evidence, volume V, pages 1671-1749).
197
Cf., charter of complaints filed before the Attorney General's Office, prepared by the representatives
(records of evidence, volume XIV, appendix 69 to the brief of pleadings, motions and evidence, page 4012).
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