21 mandate in 1999. Before it left the airwaves, it was the nationwide television network with the largest audience among all sectors of the Venezuelan population, based on its audience share70 in the country at that time.71 63. The primary objective of the company, RCTV, is “executing commercial activities related to the radio and television industry.”72 Its main body is the shareholders’ General Assembly, which has broad authority to manage and administer the company’s business. 73 64. Regarding RCTV shareholders, both the representatives, as certified by Marcel Granier in his capacity as President of RCTV, and expert witness Ángel Alayón in his opinion, advised that the company’s shares were distributed as follows: 74 (i) Peter Bottome held 48.62% of the shares; (ii) Marcel Granier, 18.25 %; (iii) Jaime Nestares, 16.57 %, and (iv) Francisco Nestares, Fernando Nestares, Jean Hope Nestares and Alicia Phelps de Tovar, 4.14% each. However, from the information provided by the representatives in the motions and pleadings brief and its annexes, it can be concluded that none of these presumed victims is a direct shareholder of RCTV. To the contrary, the above-mentioned partners hold shares in one or several separate legal entities which, in turn, are companies that own the RCTV shares. Nevertheless, and without this signifying a legal ruling in this regard, the Court will proceed hereafter in this judgement to refer to these individuals as “shareholders.” 65. In this regard, it has been proved that the following persons, presumed victims in this case, are owners of the companies that, in turn, are owners of the shares of RCTV C.A. as follows: a) Marcel Granier75 owns 100% of the shares of Guatí S.A. This company is a shareholder of RCTV C.A. in two ways: (i) directly, by owing 6.213% of its shares, and (ii) indirectly, by owning 13.74% of the shares of Alcatracia S.A, which owns 87.57% of the shares of RCTV C.A. b) Peter Bottome76 is connected to RCTV in two ways, namely: (i) he is a shareholder of Bemana C.A. This company is, in turn, a direct shareholder of RCTV C.A. because it owns 6.213% of its shares, and (ii) it owns 100% of the shares of Yaví S.A. This sworn statement that “since [she] began to work there in 1996, the RCTV editorial line was always critical of all the succeeding governments [and] for years was characterized by being a platform for criticism.” Sworn statement by Soraya Castellano (merits file, folio 1554). Porcentaje de participación de un medio de comunicación o un programa en el índice general de audiencia. Diccionario Panhispánico de Dudas. Available at: http://lema.rae.es/dpd/?key=share 70 Rating indicators, reach, audience share and ATS (average time spent) for the period 2002-2006 in Venezuela, prepared by AGB Panamericana of Venezuela Medición, S.A. (evidence file, folios 27614 and 27615). See also information from AGB Nielsen on audience shares for 2006, establishing an audience share of 28% at the national level for RCTV and 27% for Venevisión. Available at: http://www.agbnielsen.com.ve/libro2006/share/1.htm. 71 72 Minutes of the Shareholders Special General Assembly of RCTV C.A. of August 4, 2006 (evidence file, folio 2486). 73 Minutes of the Shareholders Special General Assembly of RCTV C.A. of August 4, 2006 (evidence file, folio 2489). Certification by Marcel Granier, in his capacity as President and Director General of RCTV C.A, dated July 7, 2011 and Annex with opinion of expert witness Ángel Alayón of May 7, 2014 (merits file, folios 1640 and 1641). 74 Issue of share certificates 1 and 2 of “Guaiti, S.A,” and Certificate of shares owned by Guaiti in Alcatracia and RCTV C.A., Shareholders Ledgers (evidence file, folios 3874, 3876, 4391 to 4396, 4411, 4442 and 4493 to 4530). 75 Issue of certificates 1 and 2 for four hundred and ninety-nine shares; Issue of certificates 5 and 6 for four hundred and ninety-nine shares; Issue of certificate 7 for fifty thousand shares; Issue of certificate 8 for eighty-nine thousand and fifty-eight shares; Issue of certificate 9 for fifteen million, five hundred and twenty-four thousand eight hundred and twenty shares; Certification of shareholders of Yavi S.A.; Certification of shares owned by Yavi S.A in Alcatracia S.A.; Certification of shares owned by Bemana C.A in RCTV C.A., and Certification of shares owned by Alcatracia S.A. in RCTV C.A. (evidence file, folios 3880, 3884, 3886, 3887, 3888, 3892, 4406 to 4410, 4443 to 4492, 4493 to 4529 and 4530). 76