51
.
Criminal Judicial Circuit of the Metropolitan Area of Caracas. 165 According to the information
provided, the start of the investigation was ordered two years after the complaint was filed
and the first diligence was carried out more than six years after the start of the
investigation (infra paras. *), which was not justified by the State.
188. Therefore, the Court considers it is possible to conclude that in those facts Mrs. Ríos
was hindered in the exercise of her journalistic tasks by a group of unidentified individuals.
The evidence is not conclusive with regard to the alleged lack of protection by the State’s
security agents.
*
*
*
189. The Commission indicated that on May 24, 2002 Mr. Isnardo Bravo was attacked by
individuals in the outside of the National Assembly.166
190.
The Court verified that the Mr. Bravo’s statement coincides with that argued. 167
191. This fact was denounced on June 5, 2002.168 On July 21, 2008 the 32° Section of the
Public Prosecutors’ Office of the Judicial District of the Metropolitan Area of Caracas with Full
Jurisdiction requested the dismissal of the complaint of this and other facts “because the
mentioned complaints refer to facts that constitute crimes that can be prosecuted in a
private suit.”169 Up to this date the corresponding decision is still being awaited.170
Unjustified procedural inactivity is observed in this investigation for more than six years
(infra para. 318).
192. This Tribunal considers that sufficient evidentiary elements have not been presented
to corroborate the alleged facts.
*
*
*
193. The Commission indicated that on May 28, 2002 the journalist Luisiana Ríos
denounced before the Mayor’s Office of the Metropolitan District of Caracas that, due to the
exercise of her profession, she received threats in the surroundings of her home, causing
her to move away from there because to the contrary her presence would be informed to a
local “Bolivarian Circle”; additionally se denounced reiterated damages to her vehicle. In its
final arguments, the State indicated a contradiction in the statements of Mrs. Ríos, since
165
Cf. order of dismissal of July 28, 2008 by the 51° First Instance Court of Control Duties of the Criminal
Judicial Circuit of the Metropolitan Area of Caracas with Full Jurisdiction (dossier of evidence, volume XXVII, folios
9511-9520).
166
The Commission argued that “[]on May 24, 2002 a group of supporters of the ruling party who were
holding protests in the outsides of the National Assembly, verbally attacked RCTV reporter Isnardo Bravo,
screaming phrases at him such as “Get out. We are going to lynch you, damn you” and threatening him to be
prepared for what was coming.”
167
Cf. statement of Isnardo Bravo (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folio 3127-3128).
168
Cf. complaint of June 5, 2002 (dossier of evidence, volume IV, folios 1051-1052).
169
Cf. request for dismissal of July 21, 2008 by the 32° Section of the Public Prosecutors’ Office of the
Metropolitan Area of Caracas with Full Jurisdiction (dossier of evidence, volume XXVII, folios 9527-9541).
170
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9241).