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incumbent on the State and that “they can result in violent acts against people that are
identified as employees of certain media”.
78.
More specifically, taking into account that great part of the facts mentioned in the
application has been committed by individuals, the Commission alleged that it is possible to
hold the State internationally responsible for those acts committed by third parties, since
the State knew about the situation of real danger and did not adopt any reasonable
measure to avoid it. Furthermore, the Commission argued that the repetition of this type of
events addressed to employees who were identified with the television station Globovisión,
by the mere fact of belonging to such media as considered by a sector of the society to be
oppositors and golpista, “implies an expansion of the effects as to the freedom to perform
activity in front of other people who are in the same situation”, since the behavior of the
individuals aimed at adversely affect their activities to seek and impart information and did
not constitute violent acts due to personal issues or some element different from the
working relationship with the television station. Furthermore, the Commission considered
that the State has not acted in a diligent and prompt way when investigating the facts.
79.
The representatives substantially coincided with the argument put forward by the
Commission and insisted in that, even though in principle the speech of the public
authorities, even such of critical and insulting content, is covered by the freedom of
expression, such is not covered by such freedom inasmuch as it truly, imminently and in a
verifiable way encourages violent acts among the population. In those cases, they alleged,
the State is responsible not only for the official speech of violence in which Globovisión, its
journalists and managers were repeatedly, publicly and openly insulted, but also for the
insults prompted in the civil society by groups of individuals who were performing and
following such messages.
80.
Moreover, the Commission and the representatives alleged the violation of Article 5
of the Convention, though both parties disagreed about the facts, arguments and reasons
asserted to support the alleged violations.
81.
Hence, the Commission mentioned four facts that affected six alleged victims,
namely: That Mrs. Janeth Carrasquilla Villasmil was insulted during a situation in which
state agents made disproportionate use of force to control a situation of disturbance of the
public peace; and that Mr. Alfredo Peña Isaya, Oscar Nuñez, Ángel Millán, Joshua Torres and
Mrs. Martha Palma Troconis were hit by unidentified persons while they were working. The
Commission alleged that considering the fact that they put up with such insults, the State is
responsable for the violation of the right to humane treatment, in relation to the state
obligation to respect such right, to the detriment of Mrs. Carrasquilla and in relation to the
general obligation to ensure it, to the detriment of Mr. Peña Isaya, Núñez, Millán, Torres
and Palma.
82.
The representatives agreed with the Commission as to the allegation of these four
facts as being in breach of the right to humane treatment and they argued another three
facts where another three alleged victims “would have also been victims of physical
assaults, that due to a material mistake, [they would have] not been included as such in the
[Commission’s list]”. The representatives argued that the statements made by high state
officials constitute, per se, violations of the state duty to respect, ensure and prevent
violations of the right to humane treatment. They requested the Court to declare that the
State violated the right to humane treatment, "in its psychic dimension", to the detriment of
the alleged victims they represent. Finally, the representatives alleged that the State has
violated Articles 5, 13, 8 and 25 of the American Convention "in relation to" Articles 1, 2 and
7(b) of the Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Woman (hereinafter, "Convention of Belem do Pará").