56
.
209. The Commission mentioned that on August 15, 2002 Mr. Argenis Uribe was attacked
and threatened and his camera was stolen.
210. The evidence presented with regard to this fact consists in the complaint before the
32° Public Prosecutors’ Office and information provided by the petitioners in the case file of
the process before the Commission.203
211. On August 21, 2002 the proxies of RCTV denounced the facts before the 2° Fiscal of
the Public Prosecutors’ Office.204 Transcripts were drawn up from the interviews of Mr. Uribe
on August 28, 2002 and March 9, 2005 and to another person. 205 On April 26, 2007, more
than four years and a half after the filing of the complaint, the Public Prosecutors’ Office
requested the dismissal of the case due to the lack of criminal definition of the behavior
and, also, its dismissal because the facts constitute crimes that can only be prosecuted in a
private suit.”206 According to the State, on July 23, 2008 the 32° First Instance Court of
Control Duties of the Metropolitan Area of Caracas ordered the dismissal of the complaint. 207
The Court observes that the procedural inactivity for more than two years and a half –
between 2002 and 2005- was not justified (infra para. 318).
212. The Court considers that the evidence present in the case file is not enough to prove
the alleged facts.
*
*
*
213. The Commission mentioned that on August 15, 2002 the reporter David Pérez
Hansen suffered insults and verbal attacks from “supporters of the President”, as well as
pushes, knocks, and “body-to-body harassment” with an attempt of robbery while covering
statements of the Vice-President of the Republic.208 The representatives argued that they
also received death threats and that in those circumstances the State violated the right to
the physical integrity of Mr. Pérez Hansen.
214. In a statement offered by the representatives, Mr. Hansen indicated that one of the
Vice-President’s security agents recommended that he stand next to him and mentioned
that the Vice-President put his arm over him and tried to calm the protestors. However, he
mentioned that the insults and threats continued until the Vice-President was able to lead
203
Cf. complaint dated August 20, 2002 filed the following day before the Public Prosecutors’ Office (dossier
of evidence, volume IV, folios 953-958 and volume IX, folios 3610-3615).
204
Cf. complaint dated August 20, 2002 filed the following day before the Public Prosecutors’ Office (dossier
of evidence, voume IV, folios 953-958 and volume IX, folios 3610-3615).
205
Cf. Request for dismissal of April 26, 2007 by the 50° National Section of the Public Prosecutors’ Office
with Full Jurisdiction (dossier of evidence, volume XXVII, folios 9652-9662).
206
Cf. Request for dismissal of April 26, 2007 by the 50° National Section of the Public Prosecutors’ Office
with Full Jurisdiction (dossier of evidence, volume XXVII, folios 9652-9662).
207
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9243-9244).
208
The Commission, in its application, argued that on “August 15, 2002 reporter Pérez Hansen suffered
insults and verbal attacks by supporters of President Chávez, as well as shoves, beatings, and “body-to-body
harassment” with an attempted robbery while covering statements offered by the Vice-President. The situation led
the National Guard to surround the equipment; however, this action did not prevent the continuance of the
attempts to lynch the journalist. This situation was denounced before the Public Prosecutors’ Office in charge of
investigating the threats to RCTV journalists.”