74
the complaint regarding this fact was lodged almost five months after the incidents and that
it spring from the statements rendered by the witnesses that the state agents did not
participate in such incidents.
259. The Court notes that according to the statement given in the affidavit rendered by
Mrs. Palma Troconis, she agreed with the facts mentioned by the Commission251 and in a
statement rendered before the Public Prosecutor Office, she mentioned that there were
security members of Plan República and the Metropolitan Police on site252. Mr. Joshua Torres
Ramos gave a similar version of the facts and pointed out that when the attack was over,
the Metropolitan Police installed a barricade to protect them253. Likewise, other persons
were also witnesses to the incidents and the attacks to which the alleged victims have been
subjected254. Moreover, expert assessments were conducted on Mrs. Palma Troconis 255 and
Mr. Torres Ramos256 who ratified the existence of the injuries and their intensity.
260. This Tribunal notes that right before the incident, the individuals who were on the
site attacked the security officers, who were unable to stop such attacks since they were
outnumbered257. Other testimonies narrate the unstable situation and the conflict of that
precise moment258. Besides, in this incident, the news team of Globovisión was being
accompanied by a Metropolitan police officer, appointed to the television station, who would
have also been beaten and tried to help the alleged victims259. A video shows a part of the
he was struck in the head with a pipe and his camera was snatched from him. The reporter tried to stop the attack
and she was also beaten, kicked, and pushed to the ground by the demonstrators. Both went to a health center for
a medical check-up. The camera was recovered later”.
251
In the affidavit, Martha Palma Troconis mentioned that “as a result of the attack of May 29, 2004 she has
suffered from anguish, fear and depression". Cf. affidavit rendered by Martha Isabel Herminia Palma Troconis on
April 8, 2008 (records of evidence, volume XXXIII, pages 8490-8492).
252
Cf. transcript of interview with Martha Isabel Ermina Palma Tronconis of May 30, 2004 before the 68º
Public Prosecutor Office of the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX,
pages 7558-7560).
253
Cf. transcript of interview with Joshua Oscar Torres Ramos of May 31, 2004 before the 68º Public
Prosecutor Office of the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX, pages
7564-7565).
254
Cf. transcript of interview with Víctor Henríquez Parima of May 30, 2004 before the 68º Public Prosecutor
Office of the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX, pages 755e) and
transcript of interview with Sandra Inés Sierra Núñez of May 31, 2004 before the 68º Public Prosecutor Office of
the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX, pages 7568 and 7570)
255
Cf. Cf. expert report of June 9, 2004 of the National Department of Legal Medicine (records of evidence,
volume XXX, page 7607)
256
Cf. Cf. expert report of June 10, 2004 of the National Department of Legal Medicine (records of evidence,
volume XXX, page 7618)
257
Cf. transcript of interview with Pedro Julio Rojas of May 31, 2004 before the 49º Public Prosecutor Office
of the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX, pages 7571-7573).
258
Cf. transcript of interview with Luis Eduardo Orellana of June 3, 2004 before the 68º Public Prosecutor
Office of the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX, pages 7577-7578)
and transcript of interview with Antonio de Jesús Vivas Quintero of July 1, 2004 before the 68º Public Prosecutor
Office of the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX, pages 7580 and
7602-7603)
259
Cf. transcript of interview with Germán José Piñate Arenas of June 3, 2004 before the 68º Public
Prosecutor Office of the Judicial District of Caracas Metropolitan Area (records of evidence, volume XXX, pages
7575-7576).
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