44
.
Metropolitan Area of Caracas, because the criminal action had expired. 122 This Tribunal
observes that the State did not justify the procedural inactivity in this investigation for more
than three years and a half (infra para. 318).
159. The Court considers that based on the body of evidence available is it not possible to
deem as proven that Mrs. Ríos was assaulted during the events of that day or other
elements of conviction to verify the statement of the alleged victim.
*
*
*
160. The Commission argued that on January 20, 2002 the journalist Luisiana Ríos, the
cameraman Luis Augusto Contreras, and the camera assistant Armando Amaya were
hindered in their tasks by individuals “supporters of the ruling party” at the Cajigal
Observatorium, reason for which they could not cover the presidential program since they
had to leave the place assisted by officials of the Military House of Miraflores. 123 The
representatives argued this fact as one of the ones that “prevent[ed] or made impossible
the access to information or opinions by the journalists” (infra paras. 342 through 351) (p.
90) In its final arguments the State only referred to this fact in the sense of the actions
carried our by the public prosecutors’ office responsible for the case and it informed that on
January 24, 2007 the dismissal of the complaint was ordered.
161. The Court verified that the statements of Mrs. Ríos, offered by the representatives
and given through an affidavit, coincide with that argued by the Commission. In one of
those statement Mrs. Ríos mentioned that the person that identified her as a journalist of
RCTV and did not let her in is a representative of the so-called “Coordinadora Simón Bolívar
de Catia” and that the other attackers were supporters of the Bolivarian Circles.124
162. The Commission offered as evidence a testimonial statement given by Mrs. Ríos
before the Inter-American Court during a public hearing celebrated within the framework of
the provisional measures (supra para. 21). In her statement before the Court, Mrs. Ríos
said that upon arriving there she was recognized by the people there, they started
screaming at her and her team, they started hitting the window and insulting them. She
stated that she tried “to ask the guards for help and they did not let [her] in, while people
shouted at her, they hit [her], there were like 50 people.” She added that she “begged to
the official of the Honor Guard to let her in because if not they were going to kill her there.”
He then let her in, but the person in charge of security and the guard himself told her that
the President was going to be walking by that area and they recommended she leave
122
Cf. Order of discontinuance of the 50° First Instance Criminal Court in Duty Controls of the Criminal
Judicial Circuit of the Judicial District of the Metropolitan Area of Caracas on February 21, 2006 (dossier of
evidence, volume XXVII, folios 9470-9476).
123
The Commission argued that “[o]n January 20, 2002 the reporter Luisiana Ríos, the cameraman Luis
Augusto Contreras, and the camera assistant Armando Amaya were assigned coverage of the Program “Aló
Presidente” from the Cajigal Observatory. On that occasion their work was hindered by a group of supporters of the
ruling party, who threw themselves on the unit of the program El Observador and, while hurling insults at them,
prevented the journalist’s entrance to the place where the President of the Republic was going to record the radio
program. RCTV’s reporter, Luisiana Ríos, had to take off the microphone and the station’s identification logo, as
well as hide the camera “so she was not identified and could go” through the crowd toward the Observatory. One of
the people leading the crowd, upon recognizing Luisiana Ríos as a journalist of RCTV, told her she would not be
able to enter the location since she was “a palangrista who did not speak the trust,” urging people to scream at
them and push them. Subsequently, in response to the pressure exercised by those people, the officials of the
Military House of Miraflores helped the team leave. Luisiana Ríos, Augusto Contreras, and Armando Amaya could
not comply with the coverage assigned by their superiors due to the risk of the possibility that something happen
to them.”
124
Statement offered before a notary public (affidavit) by Luisiana Rios Paiva on June 25, 2007 (dossier of
evidence, volume XVIII, folios 5598-5602).