69 242. The Commission alleged that on February 27, 2004, Mr. Miguel Ángel Calzadilla was injured by tear-gas canisters or pellets shot by members of the National Guard while covering a demonstration in Caracas220. The representatives alleged that in this incident, the State violated his right to humane treatment. The State argued that the complaint was filed seven months and thirty days after the incident and that it was not possible to establish the type or degree of injury allegedly inflicted on Miguel Calzadilla, since at the moment of the events, he did not go to any hospital to receive treatment. 243. This Tribunal verifies that Mrs. Mayela León declared before the public prosecutor office that “when she arrived at that point, the National Guard deployed tear-gas bombs and shotgun pellets in order to disperse the demonstrators; a few minutes later, the camera assistant Miguel Ángel Calzadilla, was injured as a result of the pellets”.221 Nevertheless, the Court notes that when Mrs. León rendered the affidavit in this proceeding, she did not mention this incident222. 244. On March 18, 2004 the 21º Public Prosecutor Office of the Judicial District of Caracas Metropolitan Area ordered, ex officio, the opening of the investigation223. This incident was later on reported in a brief submitted to the Attorney General’s Office of the Republic224. On March 23, 2004 the Public Prosecutors’ Office requested protective measures in favor of Mayela León225, but on May 18 of that same year, the Court denied such request. On November 21, 2005, the 21º Public Prosecutor Office requested the discontinuance of the proceedings since Mayela León “was not injured in a negligent, malice or unpremeditated way by the officers in charge of providing protection to the dignitaries present at the socalled ‘Summit of the G-15”226. On April 29, 2008, the 47º Judge in charge of the Investigating Trial Court of Caracas Metropolitan Area declared the discontinuance of the proceedings “due to insufficient elements to prove the guilt of any person”227. Considering that the State admitted that no legal-medical examination was conducted, in spite of the fact that the proceeding was initiated ex officio and that it did not justify the reasons why such examination was not conducted, this Tribunal finds that the State did not act with sufficient diligence in the development of the investigation. 220 The Commission alleged in the brief containing the application that “a Globovisión news team comprising Mayela León and Miguel Ángel Calzadilla, was covering a Democratic Coordination march in Caracas. The National Guard installed a barricade to halt the progress of the demonstrators, and also deployed tear-gas canisters and shotgun pellets. Attacks were also directed at the media workers covering the march, and Globovisión’s Miguel Ángel Calzadilla was injured.” 221 In her statement, she mentioned that “Miguel Calzadilla, assistant, was injured as a result of the pellets”. Cf., transcript of interview with Mayela León Rodríguez of April 21, 2004 before the 21º Plenipotentiary Public Prosecutor Office (records of evidence, volume XXX, page 7530). 222 Cf. affidavit rendered by Mayela León Rodríguez on April 15, 2008 (records of evidence, volume XXXIII, pages 8768-8772). 223 Cf. Order to open an investigation issued by the 21º Plenipotentiary Public Prosecutor Office of March 18, 2004 (records of evidence, volume XXX, page 7522). 224 Cf. brief of October 26, 2004 forwarded to the 68º Public Prosecutor Office of Caracas Metropolitan Area (records of evidence, volume V, pages 1671-1749). 225 Cf. request for Protective Measures of March 22, 2004 in favor of Mayela León issued by the 21º Plenipotentiary Public Prosecutor Office. (Records of evidence, volume XXX, page 7523). 226 Cf., Request for discontinuance of the 50º Plenipotentiary Public Prosecutor Office of November 21, 2005 (records of evidence, volume XXX, pages 7537-7539). 227 Cf. Decision of the 47º Investigating Trial Court of Caracas Metropolitan Area of April 29, 2008 (records of evidence, Volume XXX, pages 7541-7542).