INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZATION OF AMERICAN STATES WASHINGTON, D.C. 2 0 0 0 6 USA February 28, 2013 Ref.: Case No. 12.828 Marcel Granier et al. (Radio Caracas Televisión) Venezuela Sir: I have the pleasure of writing on behalf of the Inter-American Commission on Human Rights to submit to the jurisdiction of the honorable Inter-American Court of Human Rights case No. 12.828 in respect of the Bolivarian Republic of Venezuela (hereinafter “the State,” “the Venezuelan State,” or “Venezuela”) concerning the decision of the Venezuelan State not to renew the broadcast license for the Radio Caracas Televisión (RCTV) network. As a consequence of that decision, on May 28, 2007, RCTV ceased transmitting as a free-to-air television network, impacting the freedom of expression of its stockholders, executives and journalists. The Commission concluded that the Venezuelan State failed to abide by its substantive and procedural obligations where the allocation and renewal of broadcast licenses was concerned. As regards procedural aspects, the Commission found that the dispute concerning the nonrenewal of RCTV’s license occurred in a context of legal uncertainty for the network, which lacked clarity as to the applicable legal framework for its license. This situation was incompatible with the State's obligation to establish a closely regulated broadcast license-renewal process. Furthermore, the decision not to renew RCTV’s license but to grant the concession to a new television network was not the result of an open and transparent process governed by public and impartial criteria. Also, RCTV was not afforded an opportunity to offer evidence and defend itself from supposed legal infractions that a number of officials attributed to it. As to substantive aspects, the Commission concluded that although the State's formally declared objective of promoting diversity and plurality is a legitimate public interest, the evidence contained in the record strongly suggests that the decision not to renew RCTV’s license was based on the network’s editorial line. Within this evidence, the Commission highlighted statements made by high-ranking officials and the context in which the events occurred. Mr. Pablo Saavedra Alessandri, Secretary Inter-American Court of Human Rights Apartado 6906-1000 San José, Costa Rica Attachments

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