48
.
174. The Court observes that in her affidavit147 and in another statement forwarded by
the representatives,148 Mrs. Mavarez confirmed the version of the facts presented by the
representatives, stating that they occurred on April 9, 2002; that she was hit with a rock on
the forehead, that for three months she could not receive sun, which prevented her from
covering the news on the street. Additionally, she mentioned that was the last time they
sent her to cover news on the street and she was assigned to a different position.
175. With regard to the investigations of this fact, on May 9, 2002 the proxies of RCTV
filed a complaint before the 2° and 74° Superior Prosecutors’ Office of the Judicial District of
the Metropolitan Area of Caracas.149 The diligences practiced were: interviews to five people
in May 2002, the clinical history was recollected in June 2004, and a legal medical
examination where the injuries of Mrs. Mavarez were characterized as mild. In June 2006 a
new statement was received from Mrs. Mavarez. On November 20, 2006 the 50° Auxiliary
Prosecutors’ Office requested the dismissal of the case based on expiration of the criminal
action,150 which was ordered by the 26° First Instance Court of Control of Functions of
Caracas on May 24, 2007.151
176. This Tribunal considers as proven that Mrs. Mavarez was injured on April 9, 2002 in
the exercise of her journalistic task by a blunt object thrown by a non-identified person and
that because of that she could not continue with her work. It was not argued that state
agents could protect her in those circumstances and they abstained from doing it.
*
*
*
177. The Commission argued that on April 18, 2002 the journalist Luisiana Ríos was the
object of a verbal attack at the headquarters of the Palace of Miraflores by a captain of the
Venezuelan army and that she had informed an immediate military superior at the Guard of
Honor of this, which was also spread upon the record. The representatives stated that upon
denouncing the fact with the superior at the Guard of Honor, the latter told Mrs. Ríos that
these were things of personnel that was “out of control”. In its final arguments the State
indicated that in January 2007 the dismissal of the complaint was ordered.
178. The Court points out that in her sworn statement Mrs. Ríos coincides with the version
of the facts of the Commission. Additionally, she specified that the soldier who allegedly
attacked her was a captain of the Army attached to the service of the Military House, who
told her that “she could not be at Miraflores because she was a rebel,” that he knew where
she lived, where she worked, and that she would be prosecuted at a public plaza and
executed.152
147
Cf. statement offered by Isabel Cristina Mavarez Marín before a notary public (affidavit) on June 25, 2008
(dossier of evidence, volume XVIII, folios 5660-5661).
148
Cf. statement offered by Isabel Mavarez (dossier of evidence, volume VIII, appendix 31 to the brief of
pleadings, motions, and evidence, folio 3150).
149
Cf. complaint filed before the 2° and 74° Sections of the Public Prosecutors’ Office of the Judicial District of
the Metropolitan Area of Caracas on May 9, 2002 (dossier of evidence, volume IV, folio 1030).
150
Cf. request for discontinuance of November 20, 2006 of the 50° National Public Prosecutors’ Office with
Full Jurisdiction (dossier of evidence, volume XXVII, folios 9547-9557).
151
152
Cf. notification slip of May 24, 2007 (dossier of evidence, volume XXVII, folio 9559).
Statement offered before a notary public (affidavit) by Luisiana Rios Paiva on June 25, 2007 (dossier of
evidence, volume XVIII, folios 5598-5602) and statement of Luisiana Ríos (dossier of evidence, volume VIII,
appendix 31 to the brief of pleadings, motions, and evidence, folios 3141).