54
.
Prosecutors’ Office ordered the start of the investigation. Transcripts of the interview of
Laura Castellanos on September 12, 2002186 and July 8, 2008187 were prepared. On July 21,
2008,188 approximately 6 years after the complaint was filed, the 32° Section of the Public
Prosecutors’ Office requested the complaint be dismissed because “it referred […] to facts
that constitute crimes that can only be prosecuted in a private suit,” and the same was
ordered on July 25, 2008 by the 18° First Instance Court of Control Duties of the
Metropolitan Area of Caracas.189 The Court observes that there was procedural inactivity in
this investigation, not justified by the State, for more than five years (infra para. 318).
204. However, the Court considers that the evidence provided is not enough to consider
the alleged facts as proven.
*
*
*
205. The Commission indicated that on August 15, 2002 190 the cameraman Antonio José
Monroy suffered an injury by firearm on his leg while he was covering a news story, for
which he was submitted to surgery and was not able to work for two weeks. 191 In its final
written arguments, the State indicated that numerous diligences were performed with
regard to this facts and that the case was in its intermediate phase, awaiting a preliminary
hearing regarding the defendant.
206. This Tribunal verifies that in the video presented by the Commission as evidence,
one can observe members of the police force next to the Globovision camera, some of them
next to individuals, who help carry Mr. Monroy. In the image it can be observed that Mr.
Monroy was hurt on his right leg, due to a shot from a firearm and he was being helped by
people with vests that read “Defensa Civil - Protección Nacional”. Later, Mr. Monroy was
transferred to a white automobile while escorted by members of security bodies. 192 In a
medical report of September 9, 2002 he was diagnosed with a “complicated injury on the
right leg, syndrome of mild compartment, fracture of the anterior border without
displacement” and it describes in detail the surgical and medical procedures to which he was
186
Cf. transcript of the interview with Laura Castellanos before the 2° and 74° Sections of the Public
Prosecutors’ Office of the Metropolitan Area of Caracas of September 12, 2002 (dossier of evidence, volume XXVII,
folios 9607-9610).
187
Cf. transcript of the interview with Laura Castellanos before the 32° Section of the Public Prosecutors’
Office of the Metropolitan Area of Caracas of July 8, 2008 (dossier of evidence, volume XXVII, folios 9611-9612).
188
Cf. Request for dismissal of July 21, 2008 by the 32° Section of the Public Prosecutors’ Office of the
Metropolitan Area of Caracas with Full Jurisdiction presented on the next day (dossier of evidence, volume XXVII,
folios 9617-9626).
189
Cf. order of dismissal of July 25, 2008 by the 18° First Instance Court of Control Duties of the Criminal
Judicial Circuit of the Metropolitan Area of Caracas with Full Jurisdiction (dossier of evidence, volume XXVII, folios
9640-9645).
190
Regarding the date of the facts, the parties’ main briefs mention they occurred on August 15 th, but the
State’s reports and the investigation briefs prove that the date on which the event occurred was August 14, 2002.
191
The Commission argued in its application that “[o]n August 15, 2002 the RCTV cameraman Antonio José
Monroy suffered an injury from a firearm in his leg while he was covering the news story on the results of the
Pretrial of Merits held for Soldiers, in the surroundings of the Superior Court of Justice. Mr. Monroy underwent
surgery with general anesthesia and subsequently an aluminum splint was implanted and he was given crutches.
On September 9, 2002 cameraman Monroy was evaluated by the doctor, who informed him he could go back to
work in two weeks.”
192
Cf. video labeled “Injured cameraman (Monroy)” (appendix 69 to the application).