36
.
The evidence provided allows for the verification that those statements include the
expressions that have been emphasized by the Commission and the representatives in their
arguments. Thus, the social communication firm RCTV, and in some cases its owners and
directors, are referred to as “fascists”,99 who “are committed” in [an] unstabilizing action
against the government of Venezuela, against its people, against its laws, against the
Republic.”100 Additionally, that firm or its owners are identified, expressly or implicitly, as
participants in the coup d’etat of 2002; RCTV is included as one of the four private
communication firms referred to as “the four horsemen of the Apocalypses;”101 and
references are made to RCTV as “an enemy of the people of Venezuela” 102 and as
responding to a “terrorist plan.”103 Similarly, the veracity of the information transmitted by
RCTV is questioned, calling them “liars and palangristas”, and in some statements reference
is made to the concession to operate a media firm and to the possibility of canceling it (infra
paras. 330 through 339).
128. RCTV was characterized in the Commission’s application as “a private television
station legally recorded” and as “a means of communication with an editorial line that is
critical of the government and one of the four private television stations of Venezuela
referred to as active political participants in acts of convulsion such as the coup d’etat of
April 2002 and the strike of December of the same year.” Similarly, the Commission
indicated, “the station has been the object of criticism at a domestic level […] regarding the
way they transmit certain information under the arguments that it promotes violence, a lack
of respect and honor towards the President of the Republic and broadcasts false and
tendentious information.”104 This characterization was not objected by the State and in fact
it agrees with several of the arguments regarding the political role that station has fulfilled
at certain times (supra paras. 51, 52, and 61).
129. From the analysis of the facts in the following section (infra paras. 150 through
265), the Court observes that individuals committed them and the majority occurred during
the exercise of journalistic tasks of the alleged victims, who described how they had been
affected in their professional and personal life. In general, they agreed on the fact that they
were afraid to perform their journalistic tasks on the streets, in certain areas, and when
covering certain events; they referred to safety measures they had to employ in their tasks,
the effects on their health, and the consequences on their family and social lives;
additionally, some of the people had to move to another municipality or state or they
temporarily or definitively resigned from their tasks (infra para. 272 and 273).
99
Transcripts of the Program “Aló Presidente” of December 15, 2002 (dossier of evidence, Volume V,
appendix 47, folios 1505-1506) and transcripts of the program “Aló Presidente” of January 12, 2003 (dossier of
evidence, volume V, appendix 47, folio 1543).
100
Transcripts of the Program “Aló Presidente” of December 15, 2002 (dossier of evidence, Volume V,
appendix 47, folio 1508).
101
Transcripts of the program “Aló Presidente” of January 12, 2003 (dossier of evidence, volume V, appendix
47, folios 1541-1542)
102
Transcripts of the program “Aló Presidente” # 191 f May 9,
http://www.gobiernoenlinea.ve/misc-view/sharedfiles/Alo_Presidente_191.pdf, page 11.
2004,
available
at
103
Transcripts of the program “Aló Presidente” of December 8, 2002 (dossier of evidence, volume V,
appendix 47, folio 1628). See also, transcripts of the program “Aló Presidente” of December 8, 2002 (dossier of
evidence, volume V, appendix 47, folio 1765), transcripts of the program “Aló Presidente” of January 12, 2003
(dossier of evidence, volume V, appendix 47, folio 1540), and transcripts of the program “Aló Presidente” #191 of
May 9, 2004, available at http://www.gobiernoenlinea.ve/misc-view/sharedfiles/Alo_Presidente_191.pdf, page 11.
104
Upon making this reference to RCTV, the Commission quoted the following: “Summary and
recommendations of the Report of Human Rights Watch: Between two Fires: Freedom of Expression in Venezuela.
On the website: http://www.hrw.org/spanish/informes/2003/venezuela_prensa.html”