86
303. The Court notes that most of the criminal complaints lodged with the Attorney
General’s Office, regarding the facts of this case and those facts alleged to be in breach of
Articles 5, 13 and 21 of the Convention, deal with alleged physical and verbal attacks
committed against reporters and other employees of Globovisión, as well as alleged damage
to assets and premises of Globovisión, many of which, as has been analyzed, constituted
restrictions on the jobs of the employees of said media (supra para. 279). Furthermore, the
speeches delivered by public officials were reported before the Attorney General’s Office
given the fact that they allegedly constituted crimes.
304. Furthermore, there is no record that the alleged victims had resorted to other
proceedings or other remedies established within the domestic legal system, apart from the
criminal proceedings, regarding those incidents and the statements rendered by highranked state authorities. Only one complaint was lodged with the Ombudsman in relation to
some of the reported facts (infra para. 350 to 357).
305. Given the circumstances of these facts, considering that an important issue of this
controversy is that the parties have emphasized the complaints and investigations
conducted by the criminal courts and the Ombudsman, it is necessary to point out the cases
in which the State had the obligation, according to its domestic law, to conduct a prompt
and effective investigation ex officio in order to ensure the rights impaired in this case,
C.i
The criminal action under the Venezuelan legislation and the lack of
investigation into some of reported facts
306. The State mentioned that the Commission did not include in the controversy the fact
that the same petitioners acknowledged that many of the facts constituted slander or insults
that, pursuant to the Venezuelan legislation, are crimes prosecutable on an ex officio basis.
This means that the alleged victims themselves had to bring the corresponding charges. The
State also asserted that it has enabled the whole judicial mechanism in order to conduct the
corresponding investigations and, if applicable, to establish the appropriate responsibilities
that may correspond by law to the Attorney General’s Office to try and investigate, in each
of the cases.
307. The Commission alleged that once a publicly prosecutable crime has been
committed, the State is obliged to pursue and promote the criminal proceedings to their
final consequences and that, in such cases, this is the suitable way to clear up incidents,
prosecute the guilty, and impose the applicable punishments, apart from enabling other
forms of redress. The Commission held that “anyway, several years passed since the
communication of the notitia criminis to the State until the State finally closed the case files
for alleged inadmissibility of the complaints; that is, in real terms, the [alleged] victims
were never informed of the fact that they have resorted to an allegedly wrong channel in
order to be able to correct the alleged flaws”.
298
The Court was informed on other investigations related to facts that are not included within the factual
framework of the application. Hence, in response to a request of evidence to facilitate adjudication of the case, the
State informed on the investigation conducted for an incident that occured on February 21, 2002; the investigation
related to the incidents that occurred on February 19, 2004 at the premises of Globovisión, located in Lomas del
Cuño of the National Park "El Ávila"; the case file opened for facts that allegedly occurred on November 23, 2006
and the investigation related to the facts of August 27, 2007 for the crime of threats, in which Ana Karina Villalba
appears as victim. Therefore, even though such investigations may be related to the alleged victims or the media
Globovisión, this Tribunal shall not analyzed them.
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