75
.
Office or their investigation was started ex officio by it.307 None of the criminal accusations
presented before the Public Prosecutors’ Office refers to the forwarding of official letters by
CONATEL to RCTV or the interruptions of the signal of that station.308
290. Before a request for evidence to facilitate adjudication of the case (supra para. 18),
the State indicated “in what refers to the cases that are still in their Preparation Phase, [the
Public Prosecutors’ Office] does not reveal the investigation records to third parties until
said stage has ended, thus only the parties have access to them.” Similarly, the State has
informed with regard to some actions, but it has not provided copy of them, and there are
other facts it has not even referred to or provided any evidence. The Tribunal may consider
as established only those facts that are verifiable through the evidence the State has
refused to forward (supra paras. 97 through 100).
291. Given the characteristics of these facts, taking into account that one of the relevant
matters of the controversy on which the parties have made emphasis is that the complaints
and investigations carried out within criminal proceedings, it is necessary to specify under
which circumstances the State could be demanded, pursuant with its domestic legislation, to
carry out an investigation ex officio in an effective and diligent manner in order to
guarantee the affected rights.
C.i
The criminal action in Venezuelan
investigation of some of the facts denounced
legislation
and
the lack
of
292. The State indicated that the Commission left out of the controversy that the
claimants themselves acknowledged that many of the facts stated were alleged insults that
pursuant with Venezuelan legislation, are crimes punishable only in a private suit. This
implies that the alleged victims had the duty to file the corresponding accusations. It also
mentioned that the Public Prosecutors’ Office has done everything possible in order to clarify
the facts that constitute crimes of a public action, even those of which is was informed by
the victims or their representatives.
293. The Commission argued that every time a crime that can be prosecuted ex officio is
committed, the State has the obligation to promote and impulse the criminal proceedings up
to their final consequences and that, in those cases, it constitutes the best way to clarify the
facts, prosecute those responsible, and establish the corresponding criminal punishments,
besides offering other forms of reparation.
294. The representatives held that the complaints were filed before the Public Prosecutors’
Office, who as the “only directing body of the investigation and holder of the public criminal
action in Venezuela and director of the investigation, […] is the body competent to order the
start of the corresponding criminal investigation.” They argued that the majority of the
cases deal with criminal acts of public knowledge that were broadcasted by different
members of the media while they were happening; therefore they are notorious facts that
should have been investigated ex officio by the Public Prosecutors’ Office, even when they
were not denounced by the alleged victims, by virtue, of the principle of officialdom that
governs the exercise of criminal action by the Public Prosecutors’ Office. Likewise, they
stated that “the different criminal figures object of the complaints in question constitute
crimes of a public action, not only according to the Criminal Code, with the exception of the
crimes of threats, libel and slander, but also because they are all crimes against human
307
Regarding three of the facts – specifically, of April 19, 2002, December 4, 2002, and January 27, 2002 –
even though the representatives indicated they presented a complaint they have not provided a copy of the same.
308
Except the fact of April 13, 2002, which was denounced even though regarding everything that happened
on that day.