9
6.
It is a responsibility of the State to adopt security measures to protect all
persons under its jurisdiction. This duty is even more evident in connection with
persons involved in proceedings before the bodies responsible for protection under
the American Convention.
7.
The precautionary measures adopted by the Inter-American Commission in
favor of “the employees of the RCTV social communications broadcaster” have not
had the desired effects and, instead, the facts that took place thereafter make it
reasonable to presume that both the beneficiaries of the provisional measures
ordered by the Court and all the journalists, managers, workers, and other persons
who are in the facilities of the Radio Caracas Televisión (RCTV) social
communications broadcaster” or who are associated with the journalistic operation of
that broadcaster, are at grave risk.
8.
Pursuant to the Orders of the Court (supra Having Seen 1 to 5 and 10), the
State must: adopt measures to protect the lives and safety of Luisiana Ríos,
Armando Amaya, Antonio José Monroy, Laura Castellanos, Argenis Uribe, Carlos
Colmenares, Noé Pernía, and Pedro Nikken; take steps to protect the freedom of
expression of the latter three; fulfill its obligation to investigate the facts that gave
rise to the measures with the aim of identifying and punishing those responsible;
allow participation of the petitioners in the planning and implementation of the
measures of protection, and inform them of progress regarding the measures
ordered by the Court, and submit the required reports before the Court.
9.
Freedom of expression, enshrined in Article 13 of the Convention, is a
cornerstone of the very existence of a democratic society and is indispensable for the
development of public opinion. It is also a conditio sine qua non for the political
parties, the labor unions, scientific and cultural societies, and in general those who
want to influence collective life, to fully develop. It is, ultimately, a condition for the
community to be sufficiently informed when it exercises its options. Therefore, it is
possible to state that a society that is not well informed is not fully free. 2
10.
Social communication media contribute to realization of freedom of
expression, so the conditions under which they function must be in accordance with
the requirements of that freedom. 3
American Court of Human Rights, Considering five; and Case of the Urso Branco Prison. Provisional
Measures. April 22, 2004 Order of the Inter-American Court of Human Rights, Considering four.
2
See Herrera Ulloa Case. July 2, 2004 Judgment. Series C No. 107, para. 112; Luisiana Ríos et al.
Case (Radio Caracas Televisión-RCTV-). Urgent Measures. July 27, 2004 Order of the President of the
Inter-American Court of Human Rights, Considering nine; Cases of the dailies “El Nacional” and “Así es la
Noticia”. Provisional Measures. July 6, 2004 Order of the Inter-American Court of Human Rights,
Considering nine; and Compulsory Membership in an Association Prescribed by Law for the Practice of
Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of
November 13, 1985. Series A No.5, para. 70.
3
See Luisiana Ríos et al. Case (Radio Caracas Televisión-RCTV-), supra note 2, Considering ten;
Cases of the dailies “El Nacional” and “Así es la Noticia”, supra note 2, Considering ten; and Compulsory
Membership in an Association Prescribed by Law for the Practice of Journalism, supra note 2, para. 34.
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