3
this particular case said that “the competent authority had acted with absolute legality ... in
adopting a decision framed by the powers granted by the law.”
As for the recommendation “to make reparations to the victims for the damages they
sustained as a direct result of the due process violations,” the State said that “the extent of the
economic benefits from the use and exploitation of public property granted is precisely defined,”
and therefore, it was not possible to blame “the authority ... for events that occurred after the
respective licenses expired.”
Finally, with respect to the recommendation “to adopt the measures necessary to
guarantee that the process whereby radio and television frequencies are granted and renewed
comports with the Venezuelan State’s international obligations vis-à-vis freedom of expression, as
established in this report,” the State cited its Constitution and referred in general terms to the
institutional objective of democratizing the radio spectrum.
Accordingly, the Commission hereby submits this case to the jurisdiction of the InterAmerican Court in light of the need for the victims to obtain justice, given the failure to implement
the recommendations.
The Inter-American Commission submits to the Court all the facts and human rights
violations described in Report on Merits 112/12. In that regard, the Commission requests that the
Court find and declare that the Venezuelan State bears international responsibility for having
violated the rights of the victims–employees of RCTV,1 as well as the shareholders and executives
thereof, Marcel Granier, Peter Bottome, and Jaime Nestares–enshrined in Articles 13 and 24 of the
American Convention, taken in conjunction with the general obligations set forth in Article 1(1)
thereof, in the terms set out in its report. The Commission further requests that the Court find and
declare that the State violated the rights enshrined at Articles 8(1) and 25 of the Convention, taken
in conjunction with the general obligations set forth in Article 1(1) thereof, to the detriment of the
victims, who are shareholders, executives and employees of RCTV.2.
Based on the foregoing, the Commission asks the Inter-American Court to order the
following:
1. Initiate proceedings to allocate a free-to-air nationwide television frequency in
which RCTV is able to participate, at a minimum, under conditions of equality. The
process should be open, independent and transparent, apply clear, objective and
reasonable criteria, and avoid any political consideration that discriminates on the
basis of a media outlet’s editorial stance, in keeping with the standards set forth in
this report;
2. Make reparations to the victims for the damages they sustained as a direct
result of the due process violations; and
1
Edgardo Mosca, Anani Hernández, Inés Bacalao, José Simón Escalona, Odila Rubin, Oswaldo
Quintana, Eduardo Sapene, Eladio Lárez, Daniela Bergami, Isabel Valero, Miguel Ángel Rodríguez, Soraya
Castellano, María Arriaga, and Larissa Patiño.
2
Marcel Granier, Peter Bottome, Jaime Nestares, Jean Nestares, Fernando Nestares, Alicia Phelps de
Tovar, Francisco J. Nestares, Edgardo Mosca, Anani Hernández, Inés Bacalao, José Simón Escalona, Eladio
Lárez, Odila Rubin, Oswaldo Quintana, Eduardo Sapene, Daniela Bergami, Isabel Valero, Miguel Ángel
Rodríguez, Soraya Castellano, María Arriaga, and Larissa Patiño.