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3. 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.
In addition to the need to see justice done for the victims, the IACHR points out that the
instant case raises issues of inter-American ordre public.
Specifically, this case will allow the Court to pronounce an opinion for the first time on the
twin dimensions of the infringements of the right to freedom of expression caused by the decisions
of the State with respect to the allocation of radio and television licenses. In the decision in this
case, the Court is called upon to determine which are the substantive and procedural safeguards
necessary to ensure that these procedures do not become mechanisms for indirectly restricting
freedom of expression that, despite having a veneer of legality, are designed to pressure, punish,
reward, or grant privileges to journalists and mass media outlets depending on their editorial line.
This case will also provide the court with an opportunity to further develop its case law on
the principle of equality and nondiscrimination, specifically when states accord differential
treatment based on public opinion. The Court is requested to state its opinion on the scrutiny
warranted in such circumstances, as well as the probative parameters and substantive criteria that
should be taken into account in order to determine whether or not a difference in treatment of this
nature is compatible with the Convention.
Since these matters significantly affect the inter-American ordre public, pursuant to Article
35(1)(f) of the Rules of Procedure of the Inter-American Court, the Commission wishes to offer
declarations by the following experts:
Domingo García Belaúnde, who will declare on the concept of indirect curbs on freedom of
expression and the parameters that should be taken into account in order to determine whether or
not an actual situation is consistent with that concept. The expert will refer to this subject matter,
taking into consideration the standards developed by other systems for protection of human rights
as well as in comparative law.
Eduardo Cifuentes Muñoz, who will declare on the decisions of the State with respect to the
award or renewal of radio and television licenses as well as the substantive and procedural
safeguards that should be observed to ensure that procedures and decisions in relation to such
licenses do not become mechanisms for indirectly restricting freedom of expression. The expert will
refer to this subject matter, taking into consideration the standards developed by other systems for
protection of human rights as well as in comparative law.
The curricula vitae of the proposed experts will be included in the attachments to report on
the merits No. 112/12.
The Commission hereby provides the Court with the following information on the persons
who have acted as petitioners throughout this proceeding:
Pedro Nikken