42
.
implies an omission of the state authorities to their duty to prevent the facts, since it could
have been interpreted by individuals and groups of individuals in such a way that they result
in acts of violence against the alleged victims, as well as hindrances to their journalistic
task.
149. The Court considers that in the situation of actual vulnerability in which the alleged
victims found themselves when carrying out their journalistic task, known by state
authorities, some content of the mentioned pronouncements is not compatible with the
state’s obligation to guarantee the rights of those people to personal integrity and the
freedom to seek, receive, and impart information, since they could have resulted
intimidating for those linked with that communication firm and constitute offenses to the
duty to prevent violating situations or situations of risk for the rights of people.
B)
Facts violating the personal integrity of the alleged victims and their
freedom to seek, receive, and impart information
150. Several facts depicted by the Commission and the representatives, which allege that
the right to physical integrity of some of the alleged victims, occurred in the context of
public protests or marches of social groups.
151. The State indicated that in the cases where responsibility has been attributed to its
agents for physical attacks against journalists, no evidence was provided proving that there
was a lack of due diligence by the State in trying to prevent the attacks. It indicated, in
general terms, that if the alleged victims participated in alterations to the public order and
suffered because of its negligence and carelessness, one cannot expect the State to respond
for the damages caused, when it has adopted measures to protect them and investigate the
facts. The alleged victims have ignored these measures of protection and shown lack of due
diligence when starting an activity that is risky due to its own nature.
152. The State argued that “there are innumerable orders and measures of protection
issued by the domestic Venezuelan bodies” to try to avoid any type of attack against the
social communication media and the people that work at them, as well as of their physical
headquarters and offices. It indicated that, this protection has been acknowledged on
several occasions by representatives of RCTV and quoted in this sense several statements of
alleged victims or employees of that firm. It also indicated that the State, through its
security forces, “has offered the diligent measures to protect the alleged victims, not only in
the facts they allege and do not prove […] but also in each official or opposing protest,
allowing journalists to be included in police cordons so they can carry out their work without
putting themselves at risk within any situation of alteration to public order.” It indicated that
it has taken “measures of custody, protection, special treatment, investigation, escort, and,
in short, collaboration of the police and security forces, with Venezuelan journalists,
specifically the alleged and so-called victims.”
153. The representatives denied that the attacks suffered were a consequence of the
behavior of the alleged victims. They occurred during the exercise of their journalistic task
on the street. They also denied that they were involved in alterations of the public order.
They were always “seeking information” to be broadcasted, in the terms of Article 13 of the
Convention. Even though the State indicates it has issued protection measures, it is evident
they have an exclusively formal nature and have never produced an actual useful or
protective effect. Similarly, the State has not complied with its obligation to investigate the
attacks denounced.
154. It is appropriate to clarify that the Court shall not determine or evaluate if the State
adopted measures to guarantee the public order and safety of the people before each