14 basis, to the organs for the protection of human rights of the inter-American system B) The exclusion of Jean Nestares, Fernando Nestares, Alicia Phelps Tovar and Francisco J. Nestares as victims of the violation of the right to freedom of expression and equality (as they were not members of the RCTV Board of Directors) B.1. Opinion of the Court 45. In the judgment (as in the Merits Report of the Inter-American Commission), Jean Nestares, Fernando Nestares, Alicia Phelps Tovar and Francisco J. Nestares are not taken into consideration as victims of the right to freedom of expression and equality because, at the time of the facts, they “had no specific function on the Board of Directors, so that there [was] no evidence proving their connection and contribution to the communications mission of the channel and that would establish that they exercised their freedom of expression through RCTV,”69 unlike Marcel Granier, Peter Bottome and Jaime Nestares who, in addition to being shareholders who regularly took part in the Shareholders General Assembly of the company, were members of the RCTV Board of Directors at the time of the facts and, consequently, “exercised functions that made an essential contribution to RCTV’s communications mission.”70 B.2. Dissent 46. Contrary to the majority opinion, I consider that the shareholders who were not members of the RCTV Board of Directors (Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar and Francisco J. Nestares) should be considered “victims” of the rights to freedom of expression and equality, even though they were not members of the Board of Directors. In fact, I consider that several aspects reveal their connection and contribution to the channel’s communications mission and establish that they exercised their freedom of expression through RCTV. B.2.a) Shared family and political project 47. First, it should be pointed out that all the RCTV shareholders are members of the same family and share a personal and political project that was materialized in the content transmitted by RCTV. In this case, Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar and Francisco J. Nestares were not just capitalist shareholders who were seeking to obtain a financial benefit through the company; rather, as part of a family, they knowingly contributed to the existence, independence and functioning of RCTV by their participation in the share capital. In this regard, Jaime Nestares stated: “I am a shareholder of RCTV, the same as my brothers Fernando, Francisco Javier and Jean Hope […] We inherited not just the shares and participation in the company, but we also inherited the principles and values that have inspired the operations, activities and administration of the company and the legal structures and capital to carry out these activities. Similarly, Alicia Phelps de Tovar, my aunt, inherited from her father Alberto Phelps, and my grandfather Alberto, and he from his father William H. Phelps. […] In addition, the legal and administrative structure has preserved the principles and values that inspired the founding of RCTV over time.”71 69 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 160. 70 Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 157. 71 Written statement of witness Jaime Nestares of May 7, 2014 (merits file, folios 1421 and 1422)