70
245. The Court deems that there is no sufficient evidence to allow proving that Mr. Miguel
Ángel Calzadilla was injured as a result of the incidents of that day, or that the alleged
injuries were caused as a result of the acts of the officers of the National Guard.
*
*
*
246. The Commission argued that on March 1, 2004, reporter Janeth Carrasquilla was hit
in the head while covering a demonstration, by a tear-gas bomb, as a result of which she
was injured. Moreover, it alleged that this action implied an excessive use of the force that
is allowed in situations involving disorderly conducts228. The representatives, in turn,
pointed out that in said incident, while a group of demonstrators were heading for the
headquarters of the party "Movimiento Quinta República" of the area, a contingent of the
National Guard arrived on scene to protect the headquarters of the ruling party and began
throwing tear-gas canisters, some of which went towards the demonstrators and some went
where the reporters were, who were pursued and attacked by those officers. In addition,
the State pointed out the existence of inconsistencies between the different statements
made by Janeth Carrasquilla and the testimonies of eyewitnesses of such incidents.
247. The Court deems that there is no evidence in the case file that allows to determine
the character and intensity of the demonstration or the specific needs in the use of force
regarding the alleged victim, therefore, it is not appropriate to analyze said incident under
the principle of proportionality in the use of force on the part of the State, as intended by
the Commission.
248. Even though it is possible to consider as proven that Mrs. Carrasquilla received an
impact during said events and as a result, her head was injured, the Court notes relevant
inconsistencies in her statements229. Furthermore, this Tribunal notes that eyewitnesses of
the facts, in their statements rendered before the Prosecutor and the Investigations Division
did not identify the object that hit her head230, while another witness stated that she was hit
with a “stone”231. The medical examination of Mrs. Carrasquilla failed to indicate whether
228
The Commission alleged in the brief containing the application that “On March 1, 2004 reporter Janeth
Carrasquila was with her news team on Avenida Bolívar Norte in the city of Valencia, covering a demonstration
protesting a National Electoral Council decision related to the recall referendum. A contingent of the National Guard
arrived on scene and began to throw tear-gas canisters, some of which also went toward where the reporters were;
the journalists fled from the attack and were pursued by a group of National Guards. . During the National Guard’s
onslaught, Janeth Carrasquilla was hit in the head by a tear-gas canister, as a result of which she required six
stitches”.
229
On the one hand, the affidavit rendered before this Tribunal and the complaint lodged on those incidents
with the 68º Public Prosecutor Office of Caracas Metropolitan Area coincide with the version of the facts provided
by the Commission and the representatives, 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) and affidavit rendered by
Janeth del Rosario Carrasquilla Villasmil on April 15, 2008 (records of evidence, volume XXXIII, pages 8780-8783).
Nevertheless, in the first statements rendered before the 3º Public Prosecutor Office of the Judicial District of the
State of Carabobo on March 8, 2004, the alleged victim stated that she could not identify the type of object that hit
her, neither who hit her (Records of evidence, volume XXX, page 7718) and in the statement rendered before the
Scientific, Criminal and Forensic Investigations Division, Mrs. Carrasquilla stated that she was hit by “blunt object”
without specifying its type (records of evidence, volume XXX, page 7758 )
230
Cf. Transcript of Interview with Juan José Linares Malpica of March 8, 2004 before the 3º Public Prosecutor
Office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7745) and statement
of Mauro Acosta Padrón of May 27, 2004 before the Scientific, Criminal and Forensic Investigations Division, SubDepartment of Las Acacias (records of evidence, volume XXX, page 7761).
231
Cf. transcript of interview with Darwin Domingo Rosales Devia of May 27, 2004 before the Scientific,
Criminal and Forensic Investigations Division of the State Area of Carabobo. Sub-Department of Las Acacias.
(records of evidence, volume XXX, page 7763)
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