99
statements given by high-ranking public officials and the failure of state authorities to
comply with the duty of due diligence in the conduct of the investigations, constituted a
failure of the State’s obligation to prevent and investigate the facts. Therefore, the State is
responsible for the non-compliance with the obligation contained in Article 1(1) of the
Convention to ensure the right to freely seek, receive and impart information and the right
to humane treatment, enshrined in Articles 13(1) and 5(1) of the American Convention, to
the detriment of Alfredo José Peña Isaya, Aloys Emmanuel Marín Díaz, Ana Karina Villalba,
Ángel Mauricio Millán España, Aymara Anahí Lorenzo Ferrigni, Beatriz Alicia Adrián García,
Carla María Angola Rodríguez, Carlos Arroyo, Carlos Quintero, Ramón Darío Pacheco
Villegas, Edgar Hernández, Efraín Antonio Henríquez Contreras, Felipe Antonio Lugo Durán,
Gabriela Margarita Perozo Cabrices, Janeth del Rosario Carrasquilla Villasmil, Jhonny Donato
Ficarella Martín, John Power, Jorge Manuel Paz Paz, José Vicente Antonetti Moreno, Joshua
Oscar Torres Ramos, Martha Isabel Herminia Palma Troconis, Mayela León Rodríguez,
Miguel Ángel Calzadilla, Oscar José Núñez Fuentes, Richard Alexis López Valle, and Yesenia
Thais Balza Bolívar. Moreover, the State is responsable for the non-compliance with the
obligation contained in Article 1(1) of the Convention to ensure the right to freely seek,
receive and impart information enshrined in Article 13(1) of the American Convention, to
the detriment of Ademar David Dona López, Carlos José Tovar Pallen, Félix José Padilla
Geromes, Jesús Rivero Bertorelli, José Gregorio Umbría Marín, Wilmer Jesús Escalona Arnal
and Zullivan René Peña Hernández.
IX
ARTICLES 13(1) AND 13(3) (RIGHT TO FREEDOM OF THOUGHT AND EXPRESSION)
331
AND 24 (RIGHT TO EQUAL PROTECTION)
IN CONJUNCTION WITH ARTICLE 1(1) OF THE AMERICAN CONVENTION
A)
Declarations made by public officials related to the concession under
which the television station Globovisión operates
363. The Commission considered that the statements made by the President of the
Republic and the Ministry of Domestic Affairs and Justice, previously mentioned, specially
those that referred to the reporting angle of the private media in Venezuela, the use of
radio spectrum, which are property of the State by Globovisión and the intervention
methods the State may use, “can serve to polarize the society and influence, through
arbitrary pressure, the contents, the reporting angle, and in general, the ideas and thoughts
transmitted by the media”. The Commission asserted that a harsh criticism of the reporting
angle of the media, followed by the possible consequences that may result therefrom,
coming from an authority with the power of decision over those consequences, upon which
the possibility of continuing the operations genuinely depend, does constitute a way of
indirectly restricting the right of free expression. Therefore, it requested the Court to
declare the State is responsible for the violation of Article 13(1) and 13(3) of the
Convention in connection with Article 1(1) therein.
364. The representatives agreed with the above arguments and further stated that since
the year 2001, the President of the Republic and other state officials have been giving a
series of statements "threatening the private television stations – especially, Globovisiónwith cancelling or refusing to renew the concession, as well as with reprisals against the
331
Article 24. Right to Equal Protection
All people are equal before the law. Consequently, they are entitled, without discrimination, to equal
protection of the law.
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