18
such incidents, the mass media "initiated a knife-edge media campaign in which the
population was openly prompted to join the desestabilization acts, and it also fostered, in a
systematic and permanent way, acts to desestabilize […] peace and law and order, [...and]
the disobedience of laws and authority [by means of the broadcast] of messages covered in
fear, hate and discrimination against some sectors of the population, government’s
supporters, despite of being clearly forbidden by the domestic and international legislation".
The State pointed out that “the act of declaration of the de facto Government in Miraflores
Palace, was honored by the participation and presence of several owners and managers of
mass media of the country, among them […], it stands out the presence of the Director […]
and one of the shareholders of the television station “Globovisión”, alleged victim in this
case.
63.
The State mentioned that the arguments of the other parties to the case "are
oriented to question the free and institutional exercise, in line with the legal system, of the
sovereign authority that the Bolivarian Republic of Venezuela has as a free and sovereign
State in the international community”. It further asserted that “considering the statements
made by the Commission and the representatives, when questioning the validity and
content of the constitutional text of the Bolivarian Republic of Venezuela, as well as the
exercise of the judicial function by the maximum tribunal of the Republic, the exercise of the
legislative power by the body which is constitutionally in charge of legislating […] and the
exercise of the administrative authority of the State to control and monitor the strict
compliance with the law”, the State deems that such statements constitute “clear and
evident interferences with the exercise of the sovereign powers of the State, which have
been constitutionally attributed to it".
C.2
Facts
64.
The Court has long held that, at the international level, State responsibility under the
American Convention can only required after the State has had the opportunity to redress it
by its own means, and attribution of said responsibility to a State for acts by State agents
or private individuals must be established based on the specificities and circumstances of
each case.31 The international jurisdiction is of a subsidiary,32 reinforcing and
complementary nature.33
65.
Whenever a case is brought to the Jurisdiction of the Court in order to determine
whether the State Party to the American Convention is responsible for alleged human rights
violations, enshrined therein or other applicable treaties, the Tribunal should analyze the
specific facts of the case in light of the applicable provisions and determine whether the
persons who have turned to the Inter-American system are the victims of such alleged
violations and, if applicable, whether the State should adopt certain measures of reparations
in their favor. All this, in the exercise of Court’s contentious jurisdiction.
31
Cf. Case of the “Maripirán Massacre” v. Colombia, supra nota 22, para. 113.
32
Cf. Case of Acevedo Jaramillo et al. v. Perú. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 24, 2006. Series C No. 157, para. 66; and Case of Zambrano Vélez et al. v. Ecuador.
Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, para. 47.
33
Cf. Preamble of the American Convention on Human Rights. Cf. The Effect of Reservations on the Entry
into Force of the American Convention on Human Rights. (Art. 74 and 75). Advisory Opinion OC-2/82 of September
24, 1982, Series A Nº2, para. 31; The Word “Laws” in Article 30 of the American Convention on Human Rights.
Advisory Opinion OC-6/86 of May 9, 1986, Series A Nº6, para. 26; and Case of Velásquez Rodríguez v. Honduras.
Merits. Judgment of July 29, 1988. Series C No. 4, para. 61.