96
represents a positive progress in the Venezuelan legislation324, however, said power does
not exonerate the State from its obligation to carry out a diligent and effective investigation
in the corresponding cases. The lack of objection to a judicial decision or the lack of a
request to reopen the case does not change the fact that the State has failed to comply with
some duties related to the development of diligent measures of investigation.
C.iii
Procedure before the Ombudsman
350. The Commission alleged that the State also received express notification of the
alleged acts of harassment and attack from the complaints submitted to the Ombudsman.
351. The representatives alleged that the attacks would have been timely reported and
brought to the attention of the Ombudsman. In an “additional brief” (supra para. 8, 51 and
52) the representatives mentioned that on February 1, 2002 reporters and other employees
of Globovisión filed a complaint with the Ombudsman in order for it to take the measures
necessary to ensure their rights, in accordance with the provisions of Article 281 of the
Constitution. They pointed out that such complaint was expanded on March 13 and April 24,
that same year, based on the attacks they were subjected to. They further alleged that the
Ombudsman limited to take down the statements of several reporters and other employees
and, more than five years after the submission of the complaint, the Ombudsman concluded
that such complaint should be set aside without showing any type of results. The
representatives argued that the Ombudsman would have denied access to the case files and
also, to the copies of the case file when they requested it.
352. The State, in the final arguments, confirmed that it was notified of alleged attacks
committed against reporters by means of several complaints filed with different state
authorities, one of them the Ombudsman. In order to prove that it had implemented
protective measures in favor of the reporters of Globovisión, the State alleged that it had
organized several meetings of police coordination in order to implement security assistance
within the framework of the demonstrations and that in such meetings, the Ombudsman
had participated.
353. The Ombudsman is an organ of the Civic Power. The Constitution establishes that the
“Civic Power” has functioning, financial and administrative autonomy325 and that is in charge
of promoting, defending and securing the rights and guarantees enshrined in the
Constitution and international human rights treaties, apart from the legitimate, collective
and diffuse interests of the citizens326.
324
Section 328 of the COPP (2000) provided that the Attorney General’s Office and the victim are able to file
an appeal against the decision to dismiss the case; however, section 117, subsection 8 of the COPP (2000)
subjected the power to object to such dismissal to the Prosecutor’s appeal.
325
Cf. Article 273 of the Constitution of the Bolivarian Republic of Venezuela, supra note 299.
326
Cf. Article 280 of the National Constitution of the Bolivarian Republic of Venezuela. In the exercise of those
functions, the powers of the Ombudsman include, inter alia, the power to “safeguard the correct functioning of the
public services, to support and protect the legitimate, collective and diffuse rights and interests of the people,
against all arbitrary treatment, misuse of power and errors committed when providing those rights and interests,
adopting, where applicable, the measures necessary to demand from the State the compensation for damages
caused as a result of the functioning of those public services; to urge the Prosecutor or the Office of Prosecutors
General of the Republic to proceed with the appropriate actions or motions against public officials responsible for
the violation of human rights". Cf. section 281 of the Constitution of the Bolivarian Republic of Venezuela, supra
note 299.
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