46
163. The State mentioned that in the cases in which state agents are hold responsible for
physical aggressions to journalists, no evidence has been furnished in order to prove an
alleged use of excessive force. It pointed out, in general terms, that if the alleged victims
participated in disorderly conducts and due to their own negligence, suffered from some
kind of damage, it cannot be expected for the State to respond for the damage caused,
when the State has adopted all the proper measures to protect them and investigate the
facts Moreover, it asserted that the alleged victims neglected the instructions given by the
police force and did not take any minimum measure to prevent it, at the time of carrying
out an activity risky by nature.
164. The State mentioned eight decisions issued between February 2002 and May 2005
by domestic courts, whereby protective measures were ordered in favor of specific persons
associated with Globovisión and some of those decisions were ordered just in favor of
persons that worked for such media and at the premises of the television station. The State
further alleged that such protection has been acknowledged on several occassions by
representatives of Globovisión and quoted, in that sense, several statements made by
alleged victims or employees of the media. Moreover, it pointed out the state authorities did
not limit to said protective measures, but also that it adopted several measures to ensure
law and order and safety of people before each of the protests organized in Venezuela
during the time frame of this case law. Before each protest, the authorities organized police
coordination meeting in which every of the actors, apart from the Office of the Public
Prosecutors, the Ombudsman, among other sectors, were present in order to prepare the
security raids. It also mentioned that, as the result of several police coordination meetings
organized between September and December 2005, "special protective measures were
generally developed in order to protect journalists".
165. The representatives denied that the alleged aggressions suffered by the alleged
victims were the consequence of their own behavior. They pointed out that they were
commited during the exercise of their profession in the street. They denied, in addition,
having been involved in disorderly conducts. They indicated that said situations also
constitute news; without implying by that they had chosen to get involved in such acts.
Furthermore, they alleged that there is no record in the case evidencing that the alleged
victims have disregarded the directions or instructions given by security forces and that the
State has not complied with its obligation to investigate the insults denounced.
166. In this aspect, the Court has established that the use of force by governmental
security forces must be grounded on the existence of exceptional circumstances and that it
can only be used once all other methods of control have been exhausted and failed,110 state
agents must distinguish between persons who, by their actions, constitute an imminent
threat of death or serious injury, or a threat of committing a particularly serious crime
involving a grave threat to life, and persons who do not present such a threat.111 In that
respect, the Court deems absolutely necessary to emphasize the extreme care which States
must observe when they decide to use their Armed Forces as a mean for controlling social
protests, domestic disturbances, internal violence, public emergencies and common
110
Cf. Case of Montero Aranguren et al. (Retén de Catia) V. Venezuela. Merits, Reparations and Costs.
Judgment of July 5, 2006. Series C No. 150, para. 67; Case of Zambrano Vélez et al. V. Ecuador, supra note 32,
para. 83 to 85.
111
Cf. Case of Zambrano Vélez et al. V. Ecuador, supra note 32, para. 65. Cf. also IACHR Report on
Terrorism and human rights (OEA/ser.4.V/II.116) of October 22, 2002, para. 111, and United Nations Report of
Special Rapporteur Philip Alston on Extrajudicial, Summary and Arbitrary Executions (A/61/311), September 5,
2006.
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