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28.
That from 2006 to 2008 the representatives refer to a general context of
aggressions against journalists in Venezuela and of direct and indirect freedom of
expression restrictions. However, the only facts directly relating to the alleged
attacks against “El Nacional” are the attacks against a press photographer on March
15, 2007 and against a journalist on August 22, 2007, and the detention of a
correspondent on July 25, 2007 (supra Considering Clauses 17).
29.
That with reference to the attack against the press photographer, the Court
observes that, according to the information submitted to the Tribunal, the physical
aggression developed in the course of a protest by taxi motor bikers, a situation not
alleged to be closely connected with the political polarization situation in the
framework of which the facts leading to the adoption of the provisional measures
ordered by the Court came about.
30.
That with reference to the attack against a journalist on August 22, 2007, the
Tribunal observes that the aggression was suffered in the framework of a brawl
where alleged government followers clashed with alleged opponents thereof and in
the course of which RCTV, RCR and El Nacional journalists were attacked. No
evidence has been produced before this Court on which it could reach a conclusion as
to whether such aggressions resulted from the conflict and confrontation situation of
the brawl itself, or whether, on the contrary, it was an attack specifically aimed at
the “El Nacional” newspaper or its employees, and from such a standpoint, to relate
such facts with the situation of extreme gravity ascertained at the time the 2004
provisional measures were issued.
31.
That with reference to the detention of an “El Nacional” journalist by DISIP
members, the Court considers that even though it as an event that could be classed
as a working limitation to the practice of journalism, determinations of such kind can
only be made in the framework of contentious cases coming before the InterAmerican System. Furthermore, this fact alone does not justify by itself that
provisional measures for the “El Nacional” newspaper staff of more than 800 persons
be continued.
32.
That, consequently, despite the alleged aggression and harassment instances
put forth in connection with three provisional measures beneficiaries between 2007
and 2008, the Tribunal considers there is no information or material to evidence
persistence of a situation of extreme gravity and urgency to avoid irreparable
damage to the life and integrity of the 808 persons that may be found on the “El
Nacional” mass media premises or that may be related to its journalistic operation.
Likewise, the allegations on direct and indirect restrictions relating to freedom of
expression must be considered in the framework of a contentious case and not in the
mentioned context of extreme gravity that provisional remedies seek to address.
*
*
*
33.
That regarding the obligation to investigate the facts that motivated the
adoption of provisional remedies, the State informed the Court that: