10
a) regarding the detonation of an explosive device close to the “Así es la Noticia”
newspaper that occurred on January 31, 2002, the Office of the Public
Prosecutor commenced the pertaining investigation, undertaking several
procedures. On June 25, 2007 the Fiscalía Quincuagésima de la
Circunscripción Penal del Área Metropolitana de Caracas (Caracas
Metropolitan Area Criminal District Prosecuting Office Number Fifty) issued a
decree whereby the case was closed by the prosecution;
b) regarding the damages to both the newspapers’ headquarters that occurred in
2004, the Office of the Public Prosecutor commissioned the Fiscalía
Sexagésima Segunda y Centésima Vigésima Tercera de la Circunscripción
Judicial del Área Metropolitana de Caracas (Caracas Metropolitan Area District
Prosecuting Offices Number Sixty-Two and Number One Hundred and TwentyThree), which undertook procedures such as: visual inspection, photographic
fixation, the requirement to have a facial composite performed; photographs
related to the facts were procured, expert procedures were carried out to
obtain fingerprints and a listing of the affected vehicles. On October 23, 2007
the aforementioned prosecuting offices issued a decree whereby the
proceedings were closed by the prosecution;
c) regarding the events on August 21, 2007, during which journalist Vanessa
Gómez was wounded, the Fiscalía Centésima Vigésima Quinta del Ministerio
Público de la Circunscripción Judicial del Área Metropolitana de Caracas
(Caracas Metropolitan Area Judicial District Office of the Public Prosecutor’s
Prosecuting Office Number One Hundred and Twenty-Five) was
commissioned. In the course of such investigation, actions such as
examinations by forensic physicians and interviews, among others, were
carried out, and
d) with reference to the aggressions against the press photographer, that
occurred on March 15, 2007, information was requested from the Office of the
Public Prosecutor.
34.
That the representatives pointed out that:
a) The procedures undertaken by the Office of the Public Prosecutor are
insufficient, inasmuch as they do not establish who the perpetrators of the
investigated acts were and therefore they represent but a formal compliance.
There are both photos and videos of the events where the facts took place,
wherein the perpetrators are perfectly identifiable, and
b) the State has neither informed about the action taken to identify those
responsible, nor about the outcome thereof.
35.
That the Commission stated it was concerned about the circumstance that two
of the cases opened to investigate into the facts leading to adopt the provisional
measures are closed without it having been possible neither to identify those
responsible nor to submit them to the pertaining punishment. With respect to the
foregoing, the Commission considered that the State has the obligation to investigate