66
229. The Court considers as proven that unidentified private individuals organized a
demonstration outside the premises of the television station on that date, in view of the fact
that the testimonies coincide with each other and the State has not disputed the alleged
fact.
*
*
*
230. The Commission alleged that on December 3, 2003, Mr. Oscar Núñez and Ángel
Millán were beaten and threatened with firearms, while they were covering riots that had
broken up in the center of Caracas, when their camera was snatched. The Commission
further alleged that, despite the fact that the Nacional Guard did not intervene, a political
leader intervened in order to prevent the alleged victims from receiving more blows and
threats207. The representatives argued that the attackers were supporters of the
Government. The State pointed out that the complaint was lodged more than ten months
after the incident; that there was no participation of state agents in the narration of the
facts and that it was impossible to determine the type or intensity of the injury allegedly
inflicted on those persons, since after the incidents, they did not go to any health center for
a check-up.
231. This Tribunal notes that the complaint for physical and verbal attacks treats and
robbery was lodged more than nine months after the incident208. The State informed on
several procedures for taking evidence that it would have been conducted; however, it did
not tender any item of evidence of nor informed on the proceedings that would have led to
the conclusion of the investigations. Therefore, the Court notes an unwarranted procedural
delay, since the first proceeding was carried out more than four years after the opening of
the investigation (infra para. *).
232. In the body of evidence, there is the affidavit rendered by Beatriz Adrián209 that
coincides with the version presented by the Commission and the statements of Mr. Oscar
Nuñez, alleged victim, in which she declared- without providing specific dates or
circumstances- that on one occasion, she was subjected to a beating by supporters of the
government”210. No other item of evidence has been furnished to support the alleged facts.
207
The Commission pointed out in the application that “On December 3, 2003, a Globovisión news team
comprising reporter Beatriz Adrián, Oscar Núñez, and Ángel Millán was attempting to cover rioting that had broken
out in central Caracas. The rioters approached the cameraman and his assistant, who was on a motorcycle, and
began to shout at them: “Go away, imbeciles.” Before leaving the news team attempted to conduct an interview,
whereupon some individuals, riding a motorcycle, pushed the cameraman and forced him to hand over his camera.
The cameraman surrendered the camera and his assailants sped off on the motorcycle. The Globovisión reporter
and cameraman followed their assailants and sought assistance from a group of National Guard members who were
in the area. However, when they caught up with the assailants who had taken the Globovisión camera, a group of
individuals attacked the Globovisión reporter and camera, threatened them with firearms, took their motorcycle,
radio, and gas masks, without the National Guard intervening. At that moment the political leader Lina Ron arrived
on the scene and intervened to prevent the Globovisión team from receiving further blows and threats”.
208
Cf. brief of October 26, 2004 forwarded to the 68º Public Prosecutor Office of Caracas Metropolitan Area
(records of evidence, volume V, pages 1671-1749).
209
Cf. affidavit rendered by Beatriz Adrián Garcia on April 8, 2008 (records of evidence, volume XXXIII,
pages 8508-8513).
210
Cf. Affidavit rendered by Oscar José Nuñez Fuentes on April 15, 2008 (records of evidence, volume
XXXIII, pages 8785-8788) and statement of Oscar Nuñez (records of evidence, volume X, appendix 50 to the brief
of pleadings, motions and evidence, page 3043)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents