49
discontinuance of the case regarding this fact, in relation to the commission of injuries, by
virtue of the extinguishment of the criminal action.124 On March 1, 2007 the case file was
allocated to the 51º Investigating Trial Court of Caracas Metropolitan Area, though there is
no record that such request has been decided. Given that the State did not provide any
reason why the corresponding request has not been resolved, this Court considers that the
domestic authorities failed to comply with the duty to make a decision with due diligence
and promptness (infra para. 344).
173. Even though it is possible to consider as proven that the vehicle in which Gabriela
Perozo, Aloys Marín, Efraín Henríquez and Oscar Dávila were traveling, was surrounded and
hit that day by unidentified individuals, that some of them were beaten and that, as a result
of that situation, they were prevented from continuing doing their normal job, this Tribunal
deems that it is not possible to consider as proven that the authorities failed to protect the
alleged victims that day in view of the fact that there are inconsistencies in the statements
tendered regarding the lack of intervention of security officers at the scene of the facts.
*
*
*
174. The Commission indicated that on December 10, 2001 reporter Yesenia Balza,
cameraman Carlos Quintero and camera assistant Felipe Lugo were about to begin the
coverage of a demonstration when they were surrounded by approximately 20 people who
insulted and threatened them; some of them tried to cover the cameras with their hands
and handkerchiefs, cornered them in order to make them leave the place and surrounded
the vehicle from which they were trying to get out of; all of this prevented the news team
from covering the story.125 In addition, the representatives alleged that the attackers took
the camera away from Carlos Quintero, pushed him to the floor and kicked him and "when
[…] he managed to get up, the attackers started to push the three of them, without even
seeing that reporter Yesenia Balza was pregnant”. The State mentioned that the complaint
was lodged a month and twenty-one days after the incidents; that said complaint was based
on alleged physical attacks committed against Carlos Javier Quintero and that Yesenia Balza
and Felipe Lugo were only mentioned as eyewitnesses to the facts.
175. The Court notes that the video furnished by the Commission as evidence for this
incident shows private individuals preventing the alleged victims from doing their jobs and,
at a given moment, struggling with the cameraman.126 Mrs. Balza made a statement in the
direction indicated by the representatives.127 The statements rendered by Mr. Quintero and
Felipe Antonio Lugo Duran coincided with the version provided by Mrs. Balza and they
further stated that they were injured in the back.128
124
Cf. Request for discontinuance of the 50º Plenipotentiary Assistant Prosecutor of the Attorney General's
Office of February 27, 2007 (records of evidence, volume XXXII, pages 8210-8216).
125
The Commission alleged in the application that “On December 10, 2001, reporter Yesenia Balza,
cameraman Carlos Quintero, and camera assistant Felipe Lugo were about to begin their coverage of a
demonstration when they were surrounded by a group of some 20 people who shouted “liars,” “manipulators,”
“traitors,” frauds,” and similar insults at them. Some of these individuals tried to cover the cameras with their
hands and white handkerchiefs. They then surrounded them to force them to abandon the area and surrounded the
car in which they attempted to leave. This prevented the team of reporters from covering the demonstration”.
126
Cf. video (appendix 3 to the application)
127
Cf. Request for justification of June 17, 2003, with the 20th Municipal Court of Caracas Metropolitan Area
Judicial District, containing the declaration of Yesenia Thais Balza (records of evidence, volume IV, page 889).
128
Cf. Request for justification of June 17, 2003 before the 20º Municipal Court of Caracas Metropolitan Area
containing the statement of Carlos Quintero (records of evidence, volume IV, page 890); transcript of interview
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