to protect and guarantee the human rights to life, safety and freedom of
expression enshrined in Articles 4, 5 and 13 of the American Convention.
f)
The failure to observe the measures of protection ordered by the Court
reveals the impunity and complicity of the State apparatus in the face of
these attacks on journalists. It is a serious setback for the inter-American
system that the impunity of domestic law is transferred to the international
system for the protection of human rights.
g)
In its arguments, the State admits that there is a situation of lack of
security in the center of Caracas and a reaction of the people against the
media. “The acceptance by the agent of the State of Venezuela of what is
called the justification for the attacks on the grounds of the political theory
about what the role of the media in Venezuelan society should or should not
be, and when he expressly said that the Government has had no alternative
but to defend itself” (infra seventeenth having seen paragraph) should be
noted.
This represents an acknowledgement of a theory, and an
acknowledgement of the acceptance of the theory of aggression against
freedom of expression and Venezuelan journalists.
h)
“No social upheaval, no act of political agitation, no situation of
generalized violence in society, not even war itself can justify the State
lowering the standards of protection that human dignity requires. If this were
not so, there would be no justification for the international law of human
rights or international humanitarian law. The argument that there is social
upheaval and that the attitude of one or other sector of society is rejected is
not admissible to justify using the violence of angry mobs […] to attack
defenseless journalists.”
i)
“It has not been possible to hold even one working meeting with either
the State’s agent or officials of the Ministry of Foreign Affairs or any official of
the State of Venezuela […].” The Court must conclude that the State of
Venezuela has not complied with the provisional measures that it ordered,
which is a very serious and unprecedented matter for the inter-American
system for the protection of human rights that endangers the lives and safety
of the journalists who are the beneficiaries of these protection measures.
17.
The oral arguments of the State presented in the same public hearing, which
are summarized as follows:
a)
“Generally there is a relationship of cause and effect. [One cannot]
look at matters from the middle, in general [one must] look at them from
their origin, etymologically speaking, and in the context or the circumstances
in which they are taking place.” According to the principle that notorian non
ellen probacione, well-known facts do not need to be proved. “Nationally and
internationally, it is not necessary to prove that the State of Venezuela is
experiencing a very exceptional situation […] that has had repercussions […]
on economic, political and social life, on all the areas in which a country’s
activities take place. No one is more interested in the protection of human
rights that the State of Venezuela today; unquestionable and irrefutable proof
of this is provided by the 1999 Constitution which incorporates and adopts in
its text, […] the protection of the global human rights system, in accordance
with the most modern legislations on the matter that exist in the world.”
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