46
.
the entrance of the Rectorate and there was a lot of confusion; that when he went out to
the rectorate’s plaza to catch his breath in order to be able to start the broadcast again, an
older subject with gray hair grabbed his microphone and threw it on the floor, after insulting
him. This was confirmed in his sworn statement forwarded to the Court.132 Additionally, the
video offered as evidence by the Commission confirms the version of the facts given by Mr.
Hansen.133 On his part, Mr. Isnardo Bravo stated that while in the surroundings of the UCV,
a group of people who identified themselves as members of the M-28 (“Tomistas”) started
to attack them, that there were several people injured with rocks, and they tried to burn
vehicles of both RCTV and other media firms, and they shouted at them “Damn journalists!
We are going to kill you!.” 134
167. With regard to the investigations of these facts, according to the representatives,
they were denounced the following day before the Public Prosecutors’ Office. 135 Almost six
years after the filing of this and other complaints, they interviewed the alleged victims. 136
The State informed that on July 21, 2008 the 32° Section of the Public Prosecutors’ Office of
the Judicial District of the Metropolitan Area of Caracas with Full Jurisdiction requested the
dismissal of the complaint “because it referred to […] facts that constituted crimes that can
only be prosecuted in a private suit,”137 reason for which up to this date the corresponding
decision is still being awaited.138
168. This Tribunal concludes that Messrs. David Pérez Hansen, Javier García, and Isnardo
Bravo were hindered by individuals while carrying out their journalistic activities in the
described circumstances. Even though it has not been proven that Mr. Pérez Hansen’s
physical integrity was affected, the Court observes that the State did not justify the reasons
for which there was no procedural activity in the investigation for six years (infra para.
318).
*
*
*
169. The Commission argued that on April 3, 2002 Messrs. Isnardo Bravo, Wilmer
Marcano, and Winston Gutiérrez were attacked by strangers at the headquarters of the
Social Security Institute; additionally unidentified individuals threatened they were going to
beat them with chains while they were covering the protest. The representatives argued
that in those circumstances the State violated the right to humane treatment of Messrs.
Bravo and Gutierrez.
170. In the statement offered by the journalist Isnardo Bravo he indicated that “a group
of unidentified citizens” attacked both him and his technical team, they “threw rocks,
132
Cf. statement offered before notary public (affidavit) by David Perez Hansen on June 25, 2008 (dossier of
evidence, volume XVIII, folios 5654-5658)
133
Cf. video (appendix 67 to the application).
134
Cf. statement of Isnardo Bravo (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folio 3127).
135
Cf. final Arguments of the representatives (dossier on merits, volume VIII, folio 2493).
136
Cf. Request for dismissal of July 21, 2008 of the 32° Public Prosecutors’ Office of the Metropolitan Area of
Caracas with Full Jurisdiction (dossier of evidence, volume XXVII, folios 9527-9541).
137
Cf. Request for dismissal of July 21, 2008 of the 32° Public Prosecutors’ Office of the Metropolitan Area of
Caracas with Full Jurisdiction (dossier of evidence, volume XXVII, folios 9527-9541).
138
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9238).