55
.
submitted.193 In a statement of Mr. Monroy offered by the representatives, the interested
party corroborated this version of the facts. 194 In his statement before the Court, he
coincided with that stated and made emphasis on his difficulty to carry out certain physical
activities.195
207. On August 14, 2002 the National Division Against Homicides of the Body of Criminal
Scientific Investigations started an investigation in relation to the bullet impact received by
Mr. Monroy on that same day.196 Several investigative diligences197 were performed and on
September 18, 2006 an arrest warrant was issued, and it was made effective on July 8,
2008198. On the next day, the 32° Public Prosecutors’ Office charged the person arrested for
the alleged commission of the crime of illegal possession of a firearm, public intimidation,
and personal injuries.199 On that same date a hearing was held to hear the defendant. 200 On
August 18, 2008 the conclusive act of the prosecutor’s accusation was filed against that
person for the commission of the crimes of illegal possession of a firearm, public
intimidation, and serious intentional personal injuries in detriment of Antonio José Clemente
Monroy and injuries in detriment of another person and the request for trial was
presented.201 The preliminary hearing was set for October 6, 2008, but it could not be held
and was postponed for October 27, 2008.202 There is no evidence of ulterior information.
208. It has been proven that on August 14, 2002 Mr. Monroy suffered an injury as a result
of a bullet from a firearm, and therefore damage to his physical integrity, which prevented
him from continuing with its journalistic task on that opportunity and for two weeks
thereafter. However, no evidentiary elements have been presented so that the Court can
determine if it was a state agent who fired the shot or if it was an individual with the
support or tolerance of state agents.
*
*
193
1057)
194
*
Cf. medical report of Mr. Antonio Monroy dated September 9, 2002 (dossier of evidence, volume IV, folio
Cf. statement of Antonio Monroy (dossier of evidence, volume VIII, folio 3148).
195
Cf. statement offered by Antonio José Monroy Clemente at the public hearing held before the InterAmerican Court on August 7, 2008.
196
Cf. brief of accusation of the 32° Section of the Public Prosecutors’ Office of the Metropolitan Area of
Caracas (dossier of evidence, volume XXVII, folios 9577-9578).
197
Among others, transcript of Mr. Antonio José Monroy Clemente on September 2, 2002 and medical report
of June 9, 2006. Cf. brief of accusation of the 32° Section of the Public Prosecutors’ Office of the Metropolitan Area
of Caracas (dossier of evidence, volume XXVII, folios 9575-9606) and report n° DFGR-DVFGR-DGAP-DPDF-16PRO-66-6584 of September 7, 2007 (dossier of evidence, volume X, appendix A.5 to the response to the
application, folio 3739).
198
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9242-9243).
199
Cf. decision of the 32° section of the Public Prosecutors’ Office of the Metropolitan Area of Caracas of July
9, 2008 (dossier of evidence, volume XXVII, folios 9571-9573).
200
Cf. transcript of the oral hearing to receive the accused party held on July 9, 2008 (dossier of evidence,
volume XXVII, folios 9561-9570).
201
Cf. brief of accusation of the 32° Section of the Public Prosecutors’ Office of the Metropolitan Area of
Caracas (dossier of evidence, volume XXVII, folios 9575-9606).
202
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9242-9243).