allegation of fraud in the electoral process, mechanisms should be explored in that framework, to protect
voters against retaliation. In this sense, providing information on the identity of the persons who signed the
petition to convene the recall referendum to a Congressman, taking into account the context and the public
statements made by officials; as well as the creation of the “Tascón list” on a web page, under accusations of a
“mega-fraud” created an enabling environment for the realization of reprisals.
154.
Second, the Commission notes the existence of a known political context of widespread
polarization by the time the events occurred. In this framework, the Commission established as proven that
both the then President of the Republic and other senior government officials, including at least two ministers
and a Congressman, made contemporaneous statements or at the time of signature or at the time of their
presentation to the CNE, whose contents clearly show that they were forms of pressure for people not to sign,
and of threats of retaliation for those who had signed, and even the unfounded accusation of terrorists to those
who signed. Of particular relevance is the statement of the then President of the Republic who, referring to the
"Tascón list," said "let the faces come out".
155.
The Commission notes that in response to the State's obligations to respect, guarantee and
promote human rights, officials have a duty to ensure that in exercising their freedom of expression, they don’t
incur in the disregard of fundamental rights155. They should also ensure that their expressions are not a "forms
of direct or indirect interference or harmful pressure on the rights of those who seek to contribute to public
deliberation through the expression and dissemination of thought"156. This special duty of care is particularly
pronounced in situations of great social unrest, public disorder or social or political polarization, precisely
because of the risks such situations might pose for specific individuals or groups at a given time157.
156.
Third, the Commission notes that the present case does not constitute an isolated complaint
but there are many complaints about the materialization of these threats. These complaints were documented
by Human Rights Watch in the above mentioned report in the section on proven facts. In addition, there are
multiple press documents that account for allegations of dismissals of people who appeared on the "Tascón
list" in six different state offices. Even the Attorney General’s Office itself acknowledged the existence of many
complaints in this regard, when it ordered in April 2005 to open an investigation into cases of political
discrimination.
157.
Fourth, the Commission notes that the signature challenge process carried out by the CNE and
held on June 27, 2004, was not merely so that people could object to possible fraudulent use of their signatures
and identities. When calling to the challenge process, the option to retract and withdraw their signature for
people who signed for the recall referendum validly was also given. While it may be reasonable to create a
verification system in order to examine allegations of fraud, the object of it should not be to obtain a new
expression of the persons who validly signed. The granting of this option is problematic in the context of
threatening statements by senior government officials, including the President of the Republic.
158.
Fifth, the Commission notes that, as was indicated in paragraph 87, the then President of the
Republic, in a statement of 15 April 2005, recognized that "Tascón list"158 was used to fire workers or block job
applications. This time the then President called to build bridges and to "bury" the "Tascón list". Regardless, as
relevant to this analysis, the Commission notes that there was recognition from the highest echelons of power,
of the use of the "Tascón list" as a means to realize retaliation against people who signed. The Commission
further notes that under this recognition, the use of the "Tascón list" occurred in the workplace.
IACHR,
The
Inter-American
Legal
Framework
Regarding
OEA/Ser.L/V/IICIDH/RELE/INF.2/09/, December, 30 2009, para. 203.
the
Right
to
Freedom
of
Expression
156IACHR, 2013 Anual Report of the Inter-American Commission on Human Rights, Volume II, Annual Report of the Office of the
Special Rapporteur for Freedom of Expression oea/ser.L/V.II/Doc.50, December 31, 2013, para. 911.
157Ibíd.
para. 870.
Statement by Venezuelan President Hugo Chávez at the V Mobile Cabinet Meeting, April 15,2005, in the city of Puerto Ordaz,
cited in IACHR , Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II.Doc.54, December 30, 2009, chap II.a, para. 99.
158
31