58
199. As to the investigations into this fact, the State informed that on July 9, 2002 the
National Department of Homicides of the Scientific, Criminal and Forensic Investigations
Division received a radio telephone call from an official informing about the detonation of an
explosive device at Globovisión television station. Besides, the State informed it had
conducted several procedures for taking evidence176. In this regard, this Tribunal notes that
the State has not furnished evidence to prove that such procedures for taking evidence
have been followed; nevertheless, the representatives have also mentioned several
proceedings conducted by the Attorney General’s Office between July 2002 and November
2004. Hence, this Court considers that no sufficient evidence has been tendered in order to
determine that the State has not conducted the investigation into this fact with due
diligence.
200. The Court notes that the items of evidence tendered coincide in that a grenade
exploded in the parking area of Globovisión, that it damaged some of the vehicles that were
parked in the site of loss and that it also damaged the walls surrounding the area177.
Furthermore, the parties agree in that several proceedings were conducted on the site of
loss and that no person was injured.
*
*
*
201. The Commission alleged that on July 17, 2002 a tear-gas canister was thrown at the
headquarters of Globovisión and that it activated in the parking of the television station.
There were no injured people or material damage.
176
The Official Letter Nº 9700-017-5644 of that same date, signed by the Police Chief of the National
Department of Homicides was forwarded to the 5º Public Prosecutor Office of the Attorney General's Office of
Caracas Metropolitan Area in order to notify such office of the commission of a crime against public and private
interests, where the television station of Globovisión is the aggrieved party. Police records of the initial proceedings
carried out at the headquarters of Globovisión were issued once members of the National Division of Visual
Inspection, Claims Department, Simón Rodríguez Police Station, Explosive Department of the DISIP and the
Metropolitan Police arrived at the scene of the facts and determined the epicenter of the denotation of the
explosive device, putting on record the material damage caused. Furthermore, the pictures of the place were taken
and items of evidence of a forensic nature, such as lead and multimeter fragments, collected. Two people were
interviewed at the scene. The 5º Public Prosecutor Office of Caracas Metropolitan Area ordered the opening of the
corresponding investigation. By means of memorandum Nº 9700-0175683 of that same date, the Chief of the
National Department of Homicides forwarded the procedural records to the Chief of the National Division against
Terrorism, in order to continue with the corresponding investigation. The Claims Department of the Scientific,
Criminal and Forensic Investigations Division forwarded the memorandum Nº 9700-38-358 to the Microanalysis
Department together with a safety lever, olive green, that corresponded to a fragmentation hand grenade of
German fabrication DM-51 in order to subject it to special actives to detect any hidden track. At the headquarters
of the National Division against Terrorism of the Scientific, Criminal and Forensic Investigations Divisions, several
people were interviewed and two other persons were summoned to render a statement. Official Letter Nº 97002004-004 signed by the Police Chief of the National Division against Terrorism was sent to the Director of the
National Office of Foreign Affairs, requesting police pictures and Photostats of ID cards and all ten fingerprints of
two persons. Official Letter Nº 9700-035-3815 issued by the Microanalysis Department was received in the
National Division against Terrorism of the Scientific, Criminal and Forensic Investigations Division; such official
letter provided a response to the request of reactivation of any hidden track and concluded that: “In the surface of
the piece under study, there is no latent fingerprint”. The National Division against Terrorism of the Scientific,
Criminal and Forensic Investigations Division received a technical report related to all the technical proceedings
conducted, as a result of the technical investigations initiated at the scene of the fact, located in Avenue Los Pinos
de la Alta Florida, place were the DM-51 bivalent hand grenade exploded, at the premises of Globovisión television
station.
177
Cf. video (appendix 3 to the application); request for justification of June 17, 2003 presented before the
20º Municipal Court of the Judicial District of Caracas Metropolitan Area, containing the statement of José Inciarte
(records of evidence, volume IV, page 915) and brief of October 26, 2004 filed with the 68º Public Prosecutor
Office of Caracas Metropolitan Area (records of evidence, volume V, pages 1671-1749).
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