88
.
those stipulations, these have promised, by virtue of the Convention, to not introduce in
their legal systems discriminatory regulations regarding the protection of the law.” 339
349. It is possible that a person be discriminated based on the perception others have of
their relationship with a group or social sector, regardless of the fact that this corresponds
or not to reality or the victim’s self-identification. Taking into account the statements in the
previous chapter (supra paras. 127 through 149), it is possible that the people linked to
RCTV be included in the category of “political opinions” included in Article 1(1) of the
Convention and be discriminated in certain situations. Therefore, the alleged discriminations
de facto must be analyzed under the general obligation of non-discrimination included in
Article 1(1) of the Convention,340 in relation to Article 13(1) of the Convention.
350. Taking into account that several of the facts mentioned were analyzed in the
previous chapter, or in this one, under the appropriate concepts, the only fact that would
have to be analyzed in this section is the alleged order given by a Division General of the
Army to have the journalist Anahís Cruz removed from the press conference and prevent
her entrance to the headquarters of the Paramaconi Barracks in Maracay, State of Aragua.
In this sense, the Court already considered that the evidence provided does not prove that
there was a verbal attack against the journalist or a hindrance of access to the official
sources of information (supra paras. 230 through 233). Additionally, it cannot be concluded
from the evidence provided that the alleged victims had challenged the lack of access to the
official sources of information (supra paras. 288 and 289).
351. Based on the aforementioned, this Tribunal considers that the existence of
systematic hindrances on access to official sources of information was not proven in this
case, nor was a discriminatory treatment by state authorities towards the alleged victims,
with a violation to the freedom to seek, receive, and impart information, in the terms of
Articles 1(1) and 13(1) of the Convention, in this sense.
C)
Official letters issued by CONATEL regarding the content of a program
broadcasted by RCTV
352. Both the Commission and the representatives argued that during the period between
January and the beginning of April of the year 2002, and within a context of threats and
harassment against the station and its journalists, the directors of RCTV received official
letters issued by CONATEL regarding the content of an informative and opinion program
called “La Entrevista en El Observador”, on which some of the alleged victims of the present
case worked, and to an alleged non-compliance by RCTV of the legal regulations in force in
Venezuela.
353. According to the Commission, the content of the programs that caused the sending
of the official letters referred to an informative program where they transmitted images and
information related to confrontations between several people and acts of violence that
occurred on the street, as well as attacks on social communication workers. Even though
339
Cf. Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4, para. 54. See also Case of Apitz Barbera et al. (“First Court
of Administrative Disputes”) v. Venezuela, supra note 31, para. 209.
340
The difference between both articles lies on the fact that if a State discriminates in the respect or
guarantee of a conventional right, it would violate Article 1(1) and the substantive right in question. If on the
contrary the discrimination refers to an unequal protection before the domestic legislation, it would violate the
stipulations of Article 24 thereof. Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v.
Venezuela, supra note 31, para. 209. See also, Proposed Amendments of the Naturalization Provisions of the
Constitution of Costa Rica. Advisory Opinion OC-4/84, supra note 338, paras. 53 and 54.