94 . 376. The State indicated that the exercise of the administrative powers of supervision was justified, since on the following day the coup d’etat occurred. (TIV f.1067) 377. Regarding this fact, evidence of a judicial inspection of the Fourth Municipal Court of the Judicial District of the Metropolitan Area of Caracas of April 10, 2002 and of an extrajudicial ocular inspection carried out by the Third Public Notary of the Municipality of Chacao was presented,350 as well as the testimonial statements of two transmission operators. 378. The transmission operators stated that very early on April 10, 2002 four people belonging to the DISIP showed up in a vehicle and sad that they would “knock down’ the station’s signal if the presidential nationwide broadcast was transmitted with a divided screen, and that later approximately ten more people showed up, all identified as CONATEL personnel, but who they later found out was personnel of the Military House. The State held that these statements are insufficient to consider that argued as proven, since an RCTV employee offered them; that they cannot generate any effect since the alleged witness has an ample interest in the results of the statement. The Court observes that these people are not alleged victims in this case. However, because of their relationship with the RCTV station, it is necessary to assess their statement within the totality of the evidence offered. 379. The judge in charge of the judicial inspection stated that it could not be carried out, since by order of the National Guard access to the area of the antennas of the “Los Mecedores” station was denied to everyone. (TV evidence, appendix 44, folio 1412/1436) The Third Notary Public of the Municipality of Chacao stated that it could not carry out the extrajudicial inspection since she was prevented from entering the installations because of orders of the National Guard. Additionally, the person who controlled the entrance was interviewed by said Notary and he stated that only technical personnel on guard for the different television station had been allowed access, that the transmission of the different television stations was normal, that they had not received orders to affect the transmissions of the stations, and that his presence there obeyed to the problems that had occurred on April 9, 2002. Later, the person who had given the order to prevent access to the “Los Mecedores” station indicated to the Notary that access to the mentioned installations would not be permitted until the country’s situation did not return to normal. 380. As has been stated, (supra para. 340) this Tribunal considers that for there to be a violation to Article 13(3) of the Convention it is necessary that the method or means effectively restrict, even in an indirect manner, the communication and movement of ideas and opinions. 381. The Court observes that even though the presence and statements of the agents of the DISIP or the Military House at the “Los Mecedores” station, where RCTV’s transmission antennas were located, could have been perceived as threats and provoke in the alleged victims an intimidating effect, the Tribunal does not have enough evidence to prove that the threat to intervene in the station’s signal was transformed into specific acts that would affect the rights of the alleged victims to receive and impart information, in the terms of Article 13 of the Convention. D.ii.2 Fact of April 11, 2002 350 Cf. judicial Inspection of the Fourth Municipal Court of the Judicial District of the Metropolitan Area of Caracas of April 10, 2002 and extra-judicial visual inspection carried out by the Third Notary Public of the Municipality of Chacao. (dossier of evidence, Volume V, folios 1268-1445; in folios 1406, 1412, 1440).

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