71 the injury was the result of a tear-gas bomb232. Definitely, it has not been proven that the injury was the result of some object thrown by a member of the National Guard. 249. On March 4, 2004 the corresponding criminal investigation was iniated ex officio233, and in said investigation, several steps were taken, like the granting of police protective measures in favor of Janeth Carrasquilla234; several interviews with people in their capacity as witnesses235 and a medical examination. On June 6, 2005 the Public Prosecutor Office requested the discontinuance of the case236 and on July 7, 2005 the corresponding Tribunal ordered the discontinuance, after considering that there was no evidence to determine the identity of the person criminally responsible for the commission of the illegal act, subjectmatter of the inquiry237. 250. This Tribunal concludes that Mrs. Janeth Carrasquilla was truly injured in the exercise of journalism by a blunt object threw by an unidentified person. Even though it has not been proven that the violation of her physical integrity is attributable to the State, such circumstance impeded her from continue covering those events. * * * 251. The Commission pointed out that on March 1, 2004 reporter Johnny Ficarella received a direct tear-gas canister which was thrown by a contingent of the National Guard238. The representatives alleged that in this incident, the State violated his right to 232 In said medical examination of March 19, 2004, it was determined that Janeth Carrasquilla had "a blunt force cut wound in the occipital region of the scalp caused by a blunt object, concussion" and it concluded that “the injuries deserved medical care, including 20-days recovery and inability to work, after effects to be provided”, though in said expert opinion there was no specification of the type of object that could have hit on her head. Cf. medical examination performed on Janeth Carrasquilla on March 9, 2004 (records of evidence, volume XXX, page 7726). 233 Cf. Order issued by the 10º Public Prosecutor Office of the Judicial Division of the State of Carabobo of March 4, 2004 (records of evidence, volume XXX, page 7715). 234 Cf. transcript of interview with Janeth Carrasquilla Villasmil of May 31, 2004 before the 3º Public Prosecutor Office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7766). 235 Cf. Transcripts of Interview with Janeth del Rosario Carrasquilla Villasmil of March 8, 2004 before the 3º Public Prosecutor Office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7718) and of March 9, 2004 before the Scientific, Criminal and Forensic Investigations Division, Sub-department of Las Acacias (records of evidence, volume XXX, page 7758-7759) and of May 31, 2004 before the 3º Public prosecutor office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7766); Transcript of Interview with Juan José Linares Malpica of March 8, 2004 before the 3º Public Prosecutor Office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7745) and statement of Mauro Acosta Padrón of May 27, 2004 before the Scientific, Criminal and Forensic Investigation Division, subdepartment of Las Acacias (records of evidence, volume XXX, page 7761). Transcript of Interview with Darwin Domingo Rosales Devia of May 27, 2004 before the Scientific, Criminal and Forensic Investigation Division, sub – department of Las Acacias (records of evidence, volume XXX, page 7763-7364). 236 Cf. Request for discontinuance made by the 3º Public Prosecutor Office of the Judicial Division of the State of Carabobo, on June 6, 2005 (records of evidence, volume XXX, page 7709-7713). 237 Cf. Decision of the Investigating Trial Court of the Judicial Criminal District of the State of Carabobo of June 7, 2005 (records of evidence, Volume XXX, pages 7768-7770). 238 The Commission alleged in the application that “On March 1, 2004 a Globovisión news team comprising reporter Johnny Ficarella, cameraman John Power, and assistant Darío Pacheco were in the Caurimare district, to the east of Caracas, covering a demonstration protesting a National Electoral Council decision relating to the recall referendum, when a National Guard contingent began firing shotgun pellets and tear gas. One tear-gas canister scored a direct hit on Johnny Ficarella”.

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