50 176. The Court notes that the complaint was lodged a month and a half after the incident, for alleged physical attacks committed against Felipe Antonio Lugo Duran and Carlos Javier Quintero. In this investigation, the only proceedings carried out were the interviews with the alleged victims conducted in the capacity of witnesses129. The representatives mentioned that another interviews have been conducted between February and March, 2002130. On January 22, 2007 almost five years after the filing of the complaint, the 50º Assistant Prosecutor requested the discontinuance of the case, by virtue of the extinguishment of the criminal action131 and on March 25, 2008 the 36º Investigating Trial Court of Caracas Metropolitan Area ordered such discontinuance upon considering that the criminal action had already prescribed132. In such regards, it spring from the proceedings conducted in the investigation that there has been an unwarranted procedural inactivity on the part of the Attorney General’s Office of more than 3 years. 177. Considering the evidence on record, the Court concludes that Yesenia Balza, Carlos Quintero and Felipe Lugo have been attacked, beaten and insulted by unidentified private individuals, who prevented them from doing their jobs, causing damage to their physical integrity. * * * 178. The Commission alleged that on January 9, 2002 Mr. Alfredo Peña Isaya was beaten by unidentified individuals, which violated his right to humane treatment133. The State mentioned that there are some inconsistencies in the statements regarding this fact and that, therefore, they should not be taken into account and also that there is no supporting evidence regarding the participation of state agents in the alleged attacks. Furthermore, the State mentioned that it was not possible to determine the type and intensity of the injury with Carlos Javier Quintero of March 7, 2002. before the 2º and 74º Prosecutor’s Office of the Caracas Metropolitan Area (records of evidence, volume XXX, pages 7683-7684); transcript of interview of April 26, 2005 with Carlos Javier Quintero before the 50º Plenipotentiary Prosecutor's Office (records of evidence, volume XXX, pages 76867688); transcript of interview with Felipe Antonio Lugo Durán of March 2, 2002 before the 2º and 74º Prosecutor's Office of the Caracas Metropolitan Area (records of evidence, volume XXX, pages 7679-7682 ) and request for justification of June 17, 2003 before the 20º Municipal Court of Caracas Metropolitan Area containing the statement of Felipe Antonio Lugo Durán (records of evidence, volume IV, pages 893). 129 Cf. transcript of interview with Felipe Antonio Lugo Duran of March 5, 2002 before the 2º and 74º Prosecutor’s Office of Caracas Metropolitan Area (records of evidence, volume XXX, pages 7679-7682); Transcript of interview with Carlos Javier Quintero of March 7, 2002 before the 2º and 74º Prosecutor’s Office of Caracas Metropolitan Area (records of evidence, volume XXX, pages 7683-7684) and transcript of interview with Carlos Javier Quintero of April 26, 2005 before the 50º Plenipotentiary Prosecutor’s Office (records of evidence, volume XXX, pages 7686-7688) 130 Cf., charter of complaints filed before the Attorney General's Office, prepared by the representatives (records of evidence, volume XIV, appendix 69 to the brief of pleadings, motions and evidence, page 4007). 131 Cf., Request for discontinuance of the 50º Plenipotentiary Assistant Prosecutor of the Office of the General Prosecutor of January 22, 2007 (records of evidence, volume XXX, pages 7692-7698). 132 Cf., Decision of the 36º Investigating Trial Court of Caracas Metropolitan Area of March 25, 2008 (records of evidence, Volume XXX, pages 7701-7702). 133 The Commission argued in the application that “On January 9, 2002, reporter Beatriz Adrián, cameraman Jorge Paz, and camera assistant Alfredo Peña Isaya were on their way to the Miraflores Palace to cover a story when their vehicle was surrounded by a group of some 30 men who kicked the vehicle and threatened to “burn them along with their car.” Some members of the group opened the door where Alfredo Peña Isaya was sitting and hit him a number of times. At that moment the police arrived and enabled the team of journalists to return to Globovisión headquarters. They were unable to cover the store”.