71
the injury was the result of a tear-gas bomb232. Definitely, it has not been proven that the
injury was the result of some object thrown by a member of the National Guard.
249. On March 4, 2004 the corresponding criminal investigation was iniated ex officio233,
and in said investigation, several steps were taken, like the granting of police protective
measures in favor of Janeth Carrasquilla234; several interviews with people in their capacity
as witnesses235 and a medical examination. On June 6, 2005 the Public Prosecutor Office
requested the discontinuance of the case236 and on July 7, 2005 the corresponding Tribunal
ordered the discontinuance, after considering that there was no evidence to determine the
identity of the person criminally responsible for the commission of the illegal act, subjectmatter of the inquiry237.
250. This Tribunal concludes that Mrs. Janeth Carrasquilla was truly injured in the exercise
of journalism by a blunt object threw by an unidentified person. Even though it has not been
proven that the violation of her physical integrity is attributable to the State, such
circumstance impeded her from continue covering those events.
*
*
*
251. The Commission pointed out that on March 1, 2004 reporter Johnny Ficarella
received a direct tear-gas canister which was thrown by a contingent of the National
Guard238. The representatives alleged that in this incident, the State violated his right to
232
In said medical examination of March 19, 2004, it was determined that Janeth Carrasquilla had "a blunt
force cut wound in the occipital region of the scalp caused by a blunt object, concussion" and it concluded that “the
injuries deserved medical care, including 20-days recovery and inability to work, after effects to be provided”,
though in said expert opinion there was no specification of the type of object that could have hit on her head. Cf.
medical examination performed on Janeth Carrasquilla on March 9, 2004 (records of evidence, volume XXX, page
7726).
233
Cf. Order issued by the 10º Public Prosecutor Office of the Judicial Division of the State of Carabobo of
March 4, 2004 (records of evidence, volume XXX, page 7715).
234
Cf. transcript of interview with Janeth Carrasquilla Villasmil of May 31, 2004 before the 3º Public
Prosecutor Office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7766).
235
Cf. Transcripts of Interview with Janeth del Rosario Carrasquilla Villasmil of March 8, 2004 before the 3º
Public Prosecutor Office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page
7718) and of March 9, 2004 before the Scientific, Criminal and Forensic Investigations Division, Sub-department of
Las Acacias (records of evidence, volume XXX, page 7758-7759) and of May 31, 2004 before the 3º Public
prosecutor office of the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7766);
Transcript of Interview with Juan José Linares Malpica of March 8, 2004 before the 3º Public Prosecutor Office of
the Judicial District of the State of Carabobo (records of evidence, volume XXX, page 7745) and statement of
Mauro Acosta Padrón of May 27, 2004 before the Scientific, Criminal and Forensic Investigation Division, subdepartment of Las Acacias (records of evidence, volume XXX, page 7761). Transcript of Interview with Darwin
Domingo Rosales Devia of May 27, 2004 before the Scientific, Criminal and Forensic Investigation Division, sub –
department of Las Acacias (records of evidence, volume XXX, page 7763-7364).
236
Cf. Request for discontinuance made by the 3º Public Prosecutor Office of the Judicial Division of the State
of Carabobo, on June 6, 2005 (records of evidence, volume XXX, page 7709-7713).
237
Cf. Decision of the Investigating Trial Court of the Judicial Criminal District of the State of Carabobo of
June 7, 2005 (records of evidence, Volume XXX, pages 7768-7770).
238
The Commission alleged in the application that “On March 1, 2004 a Globovisión news team comprising
reporter Johnny Ficarella, cameraman John Power, and assistant Darío Pacheco were in the Caurimare district, to
the east of Caracas, covering a demonstration protesting a National Electoral Council decision relating to the recall
referendum, when a National Guard contingent began firing shotgun pellets and tear gas. One tear-gas canister
scored a direct hit on Johnny Ficarella”.
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