52
with the fact that in certain moment, the police would have arrived at the site to protect the
alleged victim.
*
*
*
182. The Commission alleged that on January 11, 2002 cameraman Richard López and his
assistant, Féliz Padilla were surrounded by a group of people that kicked the vehicle and
insulted them; therefore, they could not cover the story and they managed to escape from
the location thanks to the intervention of the Metropolitan Police. The State mentioned that
the complaint was lodged twenty days after the incident for alleged verbal attacks against
Mr. Félix José Padilla Geromes and also that state agents did not participate in the incidents.
183. The Court notes that the items of evidence on record, such as the testimonies
offered by Félix Padilla142 and Richard López143 and the briefs addressed to Venezuelan
authorities by the alleged victims,144 are not demonstrated by other supporting evidence.
However, as is evident from the Commission’s argument, before an alleged attack
committed by individuals, state agents allowed the news team to withdraw from the place,
even though they could not attend the event they were supposed to cover. The
corresponding complaint for this fact was lodged 20 days after the incident and the State
informed that on February 28, 2002 it conducted an interview with Félix Padilla, but it did
not furnish any evidence proving this action. Considering that no other proceeding has been
conducted after such date, the Court notes an unwarranted procedural inactivity on the part
of Attorney General’s Office of more than 6 years.
184. As a result, it is possible to consider that, under the circumstances above mentioned,
Mr. Richard López and Félix Padilla were prevented from performing their jobs by private
individuals.
*
*
*
185. The Commission alleged that on January 20, 2002 Mayela León, Jorge Paz and an
assistant, would have been surrounded, threatened and verbally attacked at Cajigal
Observatory when they were trying to cover the broadcasting of the show “Aló
Presidente”.145 The representatives mentioned that the attackers “started to beat and kick
them and shouted at them insults”.
142
Cf. Request for justification of June 17, 2003, with the 20º Municipal Court of Caracas Metropolitan Area
containing the declaration of Felix Padilla Geromes (records of evidence, volume IV, page 898).
143
Cf. Statement of Richard López (records of evidence, volume X, appendix 50 to the brief of pleadings,
motions and evidence, page 3082) and affidavit of Richard López Valle of April 15, 2008 (records of evidence,
volume XXXII, pages 8795-8799)
144
Cf. complaint lodge with the 2º Public Prosecutor’s Office of the Judicial District of Caracas Metropolitan
Area of March 10, 2003 (records of evidence, volume IV, appendix 8 to the application, pages 96—975) and
complaint filed with the Ombudsman on February 1, 2002 (records of evidence, volume IV, appendix 9 to the
application, pages 977-1023).
145
The Commission alleged in the application that “On January 20, 2002, reporter Mayela León, cameraman
Jorge Paz, and an assistant were at the Cajigal Observatory to cover an Aló Presidente broadcast. Before they
could get out of their vehicle, they were surrounded by a group of about 50 people shouting slogans like “tell the
truth,” “frauds,” “liars,” and “traitors.” On the Globovisión newscast, Mayela León made the following statement:
“The Presidential Guard said they had been ordered to work with the journalists and offer them help […] when the
attackers saw cameras, they become more aggressive […] what we decided was that they would me escort me to
my van and that we weren’t going in because they were determined not to let us”. Jorge Paz indicated in that same
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