39
.
taken into account the existence of “systematic and massive practices”, “patterns”, or “state
policies” within which the grave facts have occurred, when “the preparation and execution”
of the violation of human rights against the victims was perpetrated “with the knowledge or
superior orders of high commands and State authorities or with the collaboration,
acquiescence, and tolerance, made evident in different actions and omissions carried out in
a coordinated or related manner,” of members of different structures and state bodies. In
those cases, instead of the institutions, mechanisms, and powers of the State acting as a
guarantee of prevention and protection of the victims against the criminal actions of its
states, an “instrumentalization of state power as a means and resource to commit a
violation of the rights they should respect and guarantee” was verified, which was generally
favored by generalized situations of impunity of those grave violations, propitiated and
tolerated by the absence of judicial guarantees and inefficiency of the judicial institutions to
face or contain them.109
138. In this case, the mentioned public officials made use, in exercise of their investiture,
of the means provided to them by the State to issue their statements and speeches, and
therefore they have an official nature. Even though it is not necessary to know of the
totality of the events occurred in Venezuela that affected the media or its employees, or the
totality of statements or speeches issued by high state authorities, what is relevant is, for
the effects of the present case and the context in which the facts occurred, that the content
of those pronouncements was repeated on several occasions during that period. However, it
has not been proven that those speeches prove or reveal, themselves, the existence of a
State policy. Additionally, having established the object of the present case (supra paras. 53
through 63) sufficient evidentiary elements have not been provided in order to prove acts or
omissions of other state bodies or structures, through which the exercise of a public power,
corresponding to a State policy, in the argued terms, is manifested.
139. In a democratic society it is not only legitimate, but on occasions it is a duty of state
authorities, to issue statements with regard to matters of public interest. However, upon
doing so they are submitted to certain limitations since they must verify in a reasonable,
but not necessarily exhaustive, manner the facts on which they base their opinions, 110 and
they should do so with a diligence even greater to the one employed by individuals due to
their high investiture, the ample scope and possible effects their expressions may have on
certain sectors of the population, and in order to avoid that citizens and other interested
people receive a manipulated version of specific facts.111 Additionally, they must take into
consideration that as public officials they have a position of guarantor of the fundamental
rights of people and, therefore, their statements cannot ignore those rights112 or constitute
forms of direct or indirect interference or harmful pressure on the rights of those who seek
to contribute with public deliberation through the expression and diffusion of their thoughts.
This duty of special care is specifically true in situations of greater social conflict, alterations
of public order or social or political polarization, precisely because of the set of risks they
may imply for certain people or groups at a given time.
109
Cf., among others, Case of Velásquez Rodríguez v. Honduras. Merits, supra note 38; Case of Myrna Mack
Chang v. Guatemala. Merits, Reparations, and Costs. Judgment of November 25, 2003. Series C No. 101; Case of
the “Mapiripán Massacre” v. Colombia, supra note 38; Case of the Pueblo Bello Massacre v. Colombia, supra note
80; Case of the Ituango Massacres v. Colombia, supra note 31; Case of Goiburú et al. v. Paraguay, supra note 53;
Case of Almonacid Arellano et. al. V. Chile, supra note 26; Case of the Miguel Castro Castro Prison v. Peru, supra
note 44; Case of La Cantuta v. Peru, supra note 84; and Case of the Rochela Massacre v. Colombia, supra note 49.
110
Cf. Case of Kimel v. Argentina, supra note 71, para. 79; and Case of Apitz Berbera et al. (“First Court of
Administrative Disputes”) v. Venezuela, supra note 31, para. 131.
111
Cf. Case of Kimel v. Argentina, supra note 71, para. 79; and Case of Apitz Berbera et al. (“First Court of
Administrative Disputes”) v. Venezuela, supra note 31, para. 131.
112
131.
Case of Apitz Berbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra note 31, para.