Constitutional Chamber’s injunctions be handed over to RCTV; ii) that a mechanism be created
to allow the television station to inspect its equipment, and iii) that it be provided a certified
copy of the administrative record under which the concession was awarded to Televisora
Venezolana Social (TEVES). Their contention is that CONATEL never responded to their petitions.
23. On the matter of the Commission’s competence ratione personae, the petitioners argue that
the impact of work done by journalists relies on the availability of media outlets to effectively
report the news the journalists uncover. They further assert that whenever necessary, members
of the Board of Directors had a voice in the decisions taken on how RCTV was operated and its
general orientation, and in the discussion of issues related to its editorial line. They also maintain
that the shareholders put in their capital to establish and capitalize a media outlet that is
essential to the exercise of freedom of expression in a democratic society and in so doing chose
a medium through which to exercise their right to receive and disseminate information and ideas
of all kinds. According to the petitioners, the company in which the shareholders have a stake,
either directly or indirectly; can no longer perform the social function for which it was created.
For these reasons, the petitioners contend that the alleged victims’ right to freedom of
expression has been seriously violated as a result of the closing of RCTV. They further contend
that the shareholders’ right to private property was also violated by the loss of share capital they
sustained as a result of the channel’s shutdown and the seizure of its tangible assets. For all
the foregoing reasons, they contend that by virtue of the facts alleged, the Venezuelan State is
responsible for violations of the rights recognized in articles 8, 13, 21, 24 and 25 of the American
Convention, in relation to the general obligations undertaken in articles 1(1) and 2 thereof.
B.
The State
24. As of the date of adoption of this report, the State has not presented its response to the
petition.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence
25. Under Article 44 of the American Convention and Article 23 of the Commission’s Rules of
Procedure, the petitioners have locus standi to submit petitions to the Inter-American
Commission. With regard to the State, Venezuela is party to the American Convention and
therefore internationally answerable for violations of that instrument. The alleged victims are
natural persons whose rights under the American Convention the State pledged to ensure. The
Commission therefore has competence ratione personae to examine the complaint.
26. The Commission also has competence ratione materiae because the petition concerns alleged
violations of human rights protected under the American Convention. Furthermore, because the
facts as alleged in the present petition were said to have occurred subsequent to the date on
which the Venezuelan State ratified the American Convention on August 9, 1977, the
Commission also has competence ratione temporis to examine this petition. Finally, the
Commission has competence ratione loci to examine the petition because the human rights
violations alleged were said to have occurred within Venezuelan territory
B.
Exhaustion of domestic remedies
27. Article 46(1)(a) of the American Convention provides that in order for a complaint submitted
to the Inter-American Commission to be admissible, the remedies under domestic law must have
been pursued and exhausted in accordance with generally accepted principles of international
law. In furtherance of that article and in accordance with Article 31(3) of the Commission’s
Rules of Procedure, when the petitioner contends that he or she is unable to prove compliance
with this requirement, it is up to the State in question to show to the Commission that the
remedies under domestic law have not been exhausted. In the instant case, Venezuela has not
responded to the petition.
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