4
where the “Así es la Noticia” newspaper used to have its headquarters is not included
among the journalistic concerns mentioned in the first paragraph of the “Resolves”
section in the Order by the Inter-American Court.
7.
That in its last brief the Commission only dwelt on the situation of the “El
Nacional” newspaper, for the newspaper “Así es la Noticia” is not “currently in
operation.”
8.
That from the briefs the parties submitted it transpires that the “Así es la
Noticia” newspaper is no longer in circulation. Consequently, the provisional
measures ordered in favor of the persons active in such newspaper are now
pointless. Thus, the Tribunal will only consider the persons individualized in the
Order issued on July 6, 2004 and those on the premises of the communications
organ “El Nacional” or related thereto.
*
*
*
9.
That regarding the implementation of the provisional measures ordered by
the Court, the State pointed out that:
a) “On July 16, 2004 the Juzgado Segundo de Primera Instancia en Funciones de
Control del Circuito Judicial Penal del Área Metropolitana de Caracas, […]
awarded protection measure[s] in favor of the beneficiaries mentioned in the
July 6, 2004 Order], as well as in favor of [the persons located on the
premises of the mass media, and appointed the Policía Metropolitana
(Metropolitan Police) and the Guardia Nacional (National Guard) to implement
them,” and
b) on January 26, 2005 the aforementioned Court awarded the positioning of
police sentries at all the newspaper facilities twenty-four hours a day, by
stationing a police unit at the entrance to the premises of the “El Nacional”
newspaper. Likewise, the same Court extended the protection measure
awarded the premises to include the protection of the citizens Miguel Enrique
Otero, Sergio Dahbar, Ramón José Medina and Rafael Lastra and provided a
daytime security escorting detail for the protection of Ibéyise Pacheco,
Marianella Salazar and Patricia Poleo. Furthermore, protection of the press
photographers Henry Delgado, Alexander Delgado and Edgar López was
ordered and a national campaign aimed at promoting respect for journalists
was proposed. With respect to the foregoing, the State submitted records to
evidence patrolling during March, August and September, 2006, as well as
during February, June, July, August, October, November and December, 2007
and January, 2008;
10.
That the representatives pointed out that:
a) in spite of the measures awarded, the Policía Metropolitana de Caracas
(Caracas Metropolitan Police) and the Guardia Nacional (National Guard) did
not duly carry out such orders, for during some periods there was no
patrolling or on occasions perimeter protection was insufficient, as it is
pointed out in reports issued in 2007 by the Security Manager with the
newspaper;