21
Nation, against national independence, against the dignity of the Republic will be tolerated here”
51
[…]” ;
b)
The statement by Minister William Lara on December 29, 2006, which was aired
on the television program En Confianza and was drafted by his office to read as follows: “‘The
decision not to renew [RCTV’s] concession is in keeping with the terms of the law [LOTEL]’,
according to the minister [Lara]. ‘The law is clear. The concession the State grants for use of the
radio spectrum is only good for 20 years and RCTV’s concession expires on May 27, 2007.’ […]
Lara explained that the decision made by the Head of State was both legal and constitutional;
however, he said, it also addresses other, equally important issues, such as, for example, the
relentless, uninterrupted campaign of destabilization that RCTV has waged and that is its editorial
line. ‘RCTV played a decisive role during the events of the 2002 coup d’état and engaged in media
manipulation during that period […], that irresponsible attitude on the part of RCTV never changed;
it never mended its ways’, Lara explained. He also mentioned that a committee determined that
RCTV’s current programming is in constant violation of a number of provisions of the Law on Social
52
Responsibility in Radio and Television (Ley Resorte).”
c)
The statement made by President Chávez during a telephone interview
conducted on the television program Contragolpe on January 3, 2007, in which he said the
following: “Venezuela loses by having media outlets like Radio Caracas Television. And not just
Venezuela, […] good journalism suffers as does freedom of expression. […] It did not pass the test
to receive another concession from a State that is serious, […] responsible and […] committed to
53
its people and to its people’s respect, dignity [and] freedoms. The decision is irrevocable .”
51
Annex 26, Speech by President Chávez on December 28, 2006. Communication from the petitioners received on
March 1, 2010, Attachment B.5; Annex 35, Aporrea, article titled Presidente Chávez: ‘a RCTV que vayan apagando los equipos’
[President Chávez to RCTV: ‘Start packing your bags’], December 28, 2006, available [in Spanish] at:
http://www.aporrea.org/medios/n88454.html. Communication from the petitioners received on February 18, 2010, Attachment 38;
Annex 36, Globovisión, report titled Presidente Chávez anuncia que no renovará concesión de RCTV [President Chávez announces
that
RCTV’s
concession
will
not
be
renewed],
December
28,
2006,
available
[in
Spanish]
at:
http://www.globovision.com/news.php?nid=46142. Communication from the petitioners received on February 18, 2010, Attachment
38; El Mundo, news titled Chávez cancela la licencia a una televisión privada que tacha de 'golpista' [Chávez cancels license of
private television station that he labels a ‘coup supporter’], December 28, 2006, available [in Spanish] at:
http://www.elmundo.es/elmundo/2006/12/28/comunicacion/1167326997.html; El Universal, news report titled Reporteros Sin
Fronteras pide a Gobierno reconsiderar Decision of no renovar concesión a RCTV [Reporters Without Borders asks Government to
reconsider decision not to renew RCTV’s concession], December 29, 2006, available [in Spanish] at:
http://www.eluniversal.com/2006/12/29/pol_ava_29A819703.shtml.
52
Annex 37, Agencia Bolivariana de Noticias, news report titled William Lara: Decision of no renovar concesión a RCTV
es legal y constitucional [William Lara: Decision not to renew RCTV’s concession is legal and constitutional], November 29, 2006.
Communication from the petitioners received on February 18, 2010, Attachment 44; Annex 38 y 39, Radio Nacional de Venezuela,
news report titled “Servicio Público de Televisión Nacional utilizará espectro que dejará Rctv” [National Public Television Service will
use frequency that RCTV will vacate], available [in Spanish] at: http://www.rnv.gov.ve/noticias/index.php?act=ST&f=2&t=43149 and
Estado actúa apegado al derecho en caso Rctv [The State’s action in the RCTV case is lawful], available [in Spanish] at:
http://www.rnv.gov.ve/noticias/?act=ST&f=&t=43138, both dated January 26, 2007. Communication from the petitioners received on
February 18, 2010, Attachment 103.
Concerning the statements made by Minister Chacón Escamillo, see also: Annex 40, El Universal, news report titled
Gobierno considera entregar señal de RCTV al canal 8 [Government considers turning RCTV’s signal over to channel 8], December
30, 2006, available [in Spanish] at: http://www.eluniversal.com/2006/12/30/pol_art_129283.shtml. Communication from the
petitioners received on February 18, 2010, Attachment 45.; MINCI, communiqué titled Hasta el 27 de mayo operará señal abierta
de
RCTV
[RCTV’s
open
signal
will
operate
until
May
27],
available
[in
Spanish]
at:
http://www.rnv.gov.ve/noticias/?act=ST&f=2&t=42181; Annex 41, December 29, 2006, and Analítica, news report titled “William Lara
precisa que la medida contra RCTV se aplicará en marzo” [William Lara explains that the measure against RCTV will be enforced in
March], December 29, 2006, available [in Spanish] at: http://www.analitica.com/va/sintesis/nacionales/4704007.asp. Communication
from the petitioners received on February 18, 2010, Attachment 118.
53
Annex 26, Venezolana de Televisión, Contragolpe Program, telephone interview with President Chávez on January 3,
2006. Communication from the petitioners received on March 1, 2010, Attachment B.6; Annex 42, MINCI, Presidente Chávez:
Decision sobre RCTV es irrevocable [President Chávez: decision on RCTV irreversible], January 4, 2007, available [in Spanish] at:
http://www.minci.gob.ve/a_r_r/28/11554/presidente_chavezdecision_sobre.prnt. Communication from the petitioners received on
February 18, 2010, Attachment 39; Radio Nacional de Venezuela, news report titled Presidente Chávez: Decision sobre RCTV es
irrevocable [President Chávez: decision on RCTV irreversible], January 4, 2007, available [in Spanish] at:
http://www.rnv.gov.ve/noticias/?act=ST&f=&t=42329; cf. Globovisión, Presidente Chávez nombró a Jorge Rodríguez como
vicepresidente y a Pedro Carreño como ministro de Interior y Justicia [President Chávez appointed Jorge Rodríguez as Vice
President and Pedro Carreño as Minister of Interior and Justice], March 1, 2007. Available [in Spanish] at:
http://www.globovision.com/news.php?nid=46514.