75 described facts260, though at the end of the video, a person, identified by the interviewer as Mrs. Palma Troconis, asserted that five people had attacked them and that the officers of the Metropolitan Police and the guard “could do nothing to avoid it”. On the other hand Mr. Joshua Torres, in the same video, declared that he was not sure if the camera has been snatched from him. 261. On May 29, 2004 the 49º Public Prosecutor Office of Caracas Metropolitan Area decided to conduct the corresponding inquiry261. Several judicial proceedings were ordered, including interviews with the alleged victims and witnesses and the expert's opinions already mentioned. On February 22, 2006, the 37º and 50º Public Prosecutor Offices requested the discontinuance of the case “considering the clear extinguishment of the criminal action”262. On April 6, 2007, the 47º Investigating Trial Court of Caracas Metropolitan Area declared the discontinuance of the case for slight injuries due to the extinguishment of the criminal action263. 262. The Court deems that the parties have furnished sufficient, reliable and appropriate items of evidence to determine that Mrs. Marta Palma Troconis as well as Joshua Torres were attacked by individuals under the circumstances already described, who prevented them from doing their jobs and that, at some point, the state's security agents were present at the scene. Both of them were beaten. Notwithstanding, it does not spring from the evidence tendered that State agents were negligent or that they failed to comply with their duties, given the fact that the prevailing circumstances at the time of the incidents were unstable, that the alleged victims mentioned that police officers present, in that area, could not intervene and that the news team of Globovisión was being accompanied by a police officer who has been assigned to the television station, who would have been also attacked. Based on the information provided, other people were also attacked and at a certain point, violent acts were committed against State's security officers who were present in the area as well. As a consequence, even though it has been proven that Mrs. Martha Palma Troconis and Mr. Joshua Torres were prevented from performing their jobs as a result of the attacks they suffered by private individuals; it has not been proven that such prejudice is directly attributable to the State. * * * 263. The Commission alleged that on May 29, 2004 in El Valle, Caracas, during the recall referendum signature verification process, the monitor representing the government tried to prevent Carla Angola and her news team of Globovisión from entering one of the voting centers; however, one of the military officers who was on duty allowed them to enter the voting center and they were able to record the images and the corresponding interviews. On the exit to the street, the news team was insulted and threatened by four unidentified 260 Cf. video (appendix 51 to the brief of pleadings, motions and evidence). 261 Cf. order to open investigation of the 49º Public Prosecutor Office of the Judicial District of Caracas Metropolitan Area of May 29, 2004 (records of evidence, volume XXX, pages 7553). 262 Cf. Request for discontinuance of the 37º and 50º Public Prosecutor Offices of the Judicial District of Caracas Metropolitan Area of October 12, 2004 (records of evidence, volume XXX, pages 7619-7633). 263 Cf. Decision of the 11º Investigating Trial Court of Caracas Metropolitan Area of April 6, 2007 (records of evidence, Volume XXX, pages 7581-7582).

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