21
74.
The Court recalls that in the instant case, its role is to determine, as an international
court of human rights exercising its contentious jurisdiction, the State's responsibility under
the American Convention for the alleged violations and not the responsibility of Globovisión,
or of its managers, shareholders or employees, in relation to certain facts or historical
incidents that occurred in Venezuela, nor even their role or performance as a social media.
The Court does not determine the rights of Globovisión, in its capacity as company,
corporation or legal entity. Even if it is true that Globovisión or its personnel has committed
the acts that the State understands they did, this does not provide a justification for failing
to comply with the State’s obligation to respect and guarantee human rights.35 Dissent and
different opinions or ideas are consubstantial to the pluralism that must rule in a democratic
society.
75.
In the final written arguments, the representatives presented a series of
considerations and allegations about “a campaign of intimidation and retaliation carried out
by the State […] against the Court, the [Commission], the [alleged] victims and […] their
representatives, on occasion of the hearing", in reference to expressions and statements of
state agents regarding the alleged victims and the videos published by the state television
station. They allege that it forms part of “a State policy implemented from the high spheres
of power in order to intimidate and discredit, both at the national and international level,
this case and to continue with a policy of retaliation and harassment against the victims for
having exercise their right to petition [before the bodies of the system]”. In such regards,
according to Article 44 of the Convention, any person or group of persons may lodge
petitions with the Inter-American System; therefore the effective exercise of such right
implies that no act of retaliation may be performed against them. States Parties must
guarantee, in compliance with their treaty obligations, the right to make petitions during all
the stages of the proceedings before international courts.
D)
Alleged violations
76.
The Commission as well as the representatives alleged that the State is responsible
for the violation of the freedom to seek, receive and impart information and ideas (Article
13(1) of the Convention).
77.
The Commission argued that the acts described in the application constituted
restrictions “to the essential content of the right to freedom of expression, which is, to
freely seek, receive and impart information, under the terms of Article 13(1) of the
Convention", in relation to the obligation to respect rights enshrined in Article 1(1) therein,
though it did not specify to the detriment of whom such restriction was imposed nor it
determined the facts that would have generated the violation; otherwise, it referred, in
general, to the "incidents described in the section of considerations of facts of the
application". In the application, the Commission asserted that the facts occurred during a
period of institutional and political conflict, in which “an environment of insults, violence and
ongoing threat was generated" against the employees of the social media, mainly during
times of greater social and political conflicts in the country. The Commission alleged that
said context, speeches or statements made by the highest state authorities, among which
the Commission indicated 15 statements made by the President of the Republic and one
made by the Ministry of Domestic Affairs and Justice, helped to create an environment of
intolerance and social bias, incompatible with the duty to prevent human rights violations
35
Cf. mutatis mutandi, ECHR, Özgür Gündem v. Turkey, Judgment of 16 March 2000, Reports of Judgments
and Decisions 2000-III, para. 45.