observations of the parties and the Commission, respectively. He further ordered that the
statements of the presumed victim, one witness and two expert witnesses proposed by the
representatives and the State be received at the hearing. In addition, he requested the
affidavits rendered by nine witnesses and three expert witnesses proposed by the
representatives and the State. The public hearing took place on January 28 and 29, 2019,
during the Court’s 129th Regular Session, held in San José, Costa Rica.7
12.
Amici curiae. The Court received five amici curiae briefs, presented by: 1) Red IFEXALC8; 2) the Center for Legal and Social Studies (CELS) and the World Association of
Community Radio Broadcasters (AMARC)9; 3) Article 1910; 4) the National Commission on
Human Rights of Mexico (CNDH)11, and 5) the Espacio Público Civil Association.12
13.
Final written arguments and observations. On March 3 and 4, 2019, the State and the
presumed victim, respectively, submitted their final written arguments. On March 4, 2019,
the Commission presented its final written observations.
14.
Expenditures of the Legal Assistance Fund. On April 24, 2019, following the instructions
of the President of the Court, the Secretariat provided the State with information on the
expenditures made in the application of the Victims’ Legal Assistance Fund in this case and,
as established in Article 5 of the Court’s Rules on the Operation of the Fund, 13 granted a period
to submit any observations deemed pertinent. The State did not present any observations.
15.
Deliberation of this case. The Court began its deliberations on this judgment on August
29, 2019.
III
JURISDICTION
16.
Venezuela ratified the American Convention on August 9, 1977, and accepted the
Court’s compulsory jurisdiction on June 24, 1981. Subsequently, on September 10, 2012, the
State gave notice of its denunciation from the American Convention, which entered into force
on September 10, 2013. Pursuant to Article 78(2) of the Convention, the Court has jurisdiction
to hear this case, bearing in mind that the facts under consideration took place prior to the
effective date of the State’s denunciation of the Convention.
IV
PRELIMINARY OBJECTION
The hearing was attended by the following: a) for the Inter-American Commission: the Special Rapporteur for Freedom
of Expression, Edison Lanza; and the attorney for the Executive Secretariat of the Inter-American Commission, Silvia
Serrano Guzmán; b) for the representatives of the presumed victim: Carlos Ayala Corao and María Daniela Rivero; c) for
the State: Larry Devoe Márquez and Cristóbal Cornieles Perret-Gentil.
8
The brief was signed by Marianela Balbi and contains considerations on the use of criminal laws and the exercise of
freedom of expression in democratic societies.
9
The brief was signed by Gastón Chillier and Emmanuel Bouterrin and discusses the limits and scope of legitimate
restrictions to the freedom of expression, in particular when States impose sanctions of a criminal nature.
10
The brief was signed by Juliana Novaes and Camila Marques, and contains considerations on grave violations of the
right to freedom of expression in its collective dimension.
11
The brief was signed by Luis Raúl González Pérez and analyzes standards of protection for journalists, with special
emphasis on the consequences of imposing disproportionate penalties via criminal law.
12
The brief was signed by Carlos Correa and discusses the right to freedom of expression, the right to information
and social responsibility in social media.
13
Article 5 of the Rules for the Operation of the Victims’ Legal Assistance Fund of the Inter-American Court of Human
Rights.
7
5