37 100. Decision No. 957 of the Constitutional Chamber of the SCJ issued on May 25, 2007, established “the use of the frequency that has been assigned for open-to-air television on the television transmission and broadcasting network that includes, inter alia, high frequency waves, teleports, transmitters, auxiliary television equipment, auxiliary power and climate control equipment, towers, antennas, broadcasting booths, station booths, perimeter fencing, and electrical connections.”153 The proceedings relating to the execution of the SCJ decision of May 27, 2007, include the inventory of the equipment and transmitters located in the Valencia Norte, Cerro Copey, relay station over which the right of use was granted to CONATEL and, in turn, to TVes. 101. Given the decision not to renew RCTV’s concession announced in Communication No. 0424 and in MPPT Resolution No. 002, its signal was cut off at 00:00 on May 28, 2007, and TVes began transmitting its programming on Channel 2 of the free-to-air television system.154 102. On May 27, 2007, in addition to RCTV’s concession, those of four other television stations expired, and all four were renewed. 155 These stations included Venevisión, a private, free-toair television station that operated in VHF, covered almost all national territory, and had an audience very similar to that of RCTV.156 C) Remedies under domestic law filed before and after RCTV’s closure C.1 Applications for constitutional amparo 103. On February 9, 2007, a group of executives, journalists and other RCTV employees 157 filed an application for amparo before the Constitutional Chamber of the SCJ against the President of the Republic and the MPPTI, owing to the alleged “imminent, immediate and possible threat” that their rights to freedom of expression, due process, and equality and nondiscrimination would be violated. The application was registered as Case No. 07-0197. The applicants argued that, on the said date, the defendants had already taken the decision not to renew RCTV’s concession and, moreover, sought to justify their action by claiming supposed violations of the Criminal Code, the LOTEL and the RESORTE Law.158 The applicants argued that, under article 242 of the Constitution and article 58 of the Organic Public Administration Law, the Ministries were directly answerable to the President of the Republic; thus, the decisions of the National Executive Branch were implemented through the legal measures taken by the Ministers. They also indicated that the National Executive had been unable to show that any final decision had imposed any type of penalty on RCTV for allegedly committing serious a 3509, 3511 a 3522 and 3524 to 3531). Decision of the Supreme Court of Justice, Constitutional Chamber, Files No. 07-0731, Decision No. 957 of May 25, 2007 (evidence file, folio 3486). 154 Cf. Record of inspection of free-to-air VHF Radio Caracas Televisión station, on May 27 and 28, 2007, Supreme Court of Justice, Constitutional Chamber, Files No. 07-0731, Decision No. 957 of May 25, 2007 (evidence file, folios 3533 to 3539). 155 See, articles in the newspaper “El Universal” entitled “Renovadas licencias a Venevisión, VTV y a tres emisoras AM” [Licenses renewed for Venevisión, VTV and three AM stations] of May 27, 2007 (evidence file, folio 4721), and “CONATEL emitió transformación de títulos y renovación de concesión a 4 televisoras” [CONATEL issued transformation of tiles and renewal of concession to 4 television stations] of May 26, 2007 (evidence file, folios 4723 and 4724). 156 Rating, reach, audience share and ATS indicators for 2002-2006 in Venezuela, prepared by AGB Panamericana of Venezuela Medición, S.A. (evidence file, folios 27614 and 27615). 157 Cf. Application for amparo filed with the Constitutional Chamber of the Supreme Court of Justice on February 9, 2007 (evidence file, folios 25120 and 25121). The following victims are among those who filed this application: Marcel Granier, Daniela Bergami, Edgardo Mosca, Anani Hernández, Inés Bacalao, José Simón Escalona, Isabel Valero, Odila Rubin, Oswaldo Quintana, Eduardo Sapene, Miguel Ángel Rodríguez, Soraya Castellano, María Arriaga and Larissa Patiño. 158 Cf. Application for amparo filed with the Constitutional Chamber of the Supreme Court of Justice on February 9, 2007 (evidence file, folios 25130 and 25131). 153