57
.
the reporter out of the Llaguno Bridge. Further on, Mr. Hansen argues that the members of
the National Guard present did not offer him protection. 209 In his affidavit, Mr. Hansen
confirmed the version of the facts argued by the Commission.210
215. This fact was denounced on August 21, 2002.211 Approximately six years after the
filing of this and other complaints, the victims were interviewed. 212 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 these complaints “because they
referred to […] facts that constituted crimes that can only be prosecuted in a private
suit.”213 Up to this date the corresponding decision is still being awaited.214
216. The Court considers that, based on the account of the facts and the evidence offered,
it is possible to consider that Mr. Pérez Hansen was hindered by individuals upon performing
their journalistic tasks. Some members of the security teams and public officials tried to
protect them. From the evidence provided it could not be concluded that Mr. Pérez Hansen’s
physical integrity was affected. Regarding the investigations, there is an unjustified
procedural inactivity that lasted six years (infra para. 318).
*
*
*
217. The Commission held that on November 12, 2002 Mr. Armando Amaya, camera
assistant, was injured with a fire arm in the back part of his right thigh, while he was filming
along with his journalistic team.215 The representatives argued, based on a statement of
Mr. Amaya, that after the attack he received threatening calls against him and his family. In
its final arguments, the State mentioned a case was opened, which was in an investigation
phase, and that there were contradictions between the first statements of Mr. Amaya before
209
Cf. statement of David Pérez Hansen (dossier of evidence, volume VIII, appendix 31 to the brief of
pleadings, motions, and evidence, folio 3144).
210
Cf. statement offered before notary public (affidavit) by David Perez Hansen on June 25, 2008 (dossier of
evidence, volume XVIII, folios 5655-5658).
211
Cf. complaint dated August 20, 2002 filed the following day before the Public Prosecutors’ Office (dossier
of evidence, voume IV, folios 953-958 and volume IX, folios 3610-3615).
212
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).
213
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).
214
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9238). Likewise, regarding this fact, there is evidence that on May 9, 2006 the 50° National
Auxiliary Section of the Public Prosecutors’ Office with Full Jurisdiction requested the discontinuance of the cas with
regard to the alleged commission of the crime of injuries committed in detriment of Juan Carlos Pereira, who is not
al alleged victim in this case. Additionally, it requested the dismissal of the complaint regarding the possible
commission of the crime of insults against Juan Carlos Pereira, David Pérez Hansen, and Ronald Alaexander Pérez
Pérez “because it refers to facts that constitute crimes that can be prosecuted in private suits.” On December 13,
2006 the 19° First Instance Control Court of the Criminal Judicial Circuit of the Metropolitan Area of Caracas ordred
the discontinuance and dismissal Cf. Request for dismissal of May 9, 2006 of the 50° National Section of the Public
Prosecutors’ Office with Full Jurisdiction (dossier of evidence, volume XXVII, folios 9663-9676) and notification slip
of December 13, 2006 of the 19° First Instance Control Court of the Criminal Judicial Circuit of the Metropolitan
Area of Caracas (dossier of evidence, volume XXVII, folio 9677).
215
The Commission argued in its application that “[o]n November 12, 2002 camera assistant Armando
Amaya, reporter Pedro Nikken, and cameraman Luis Augusto Contreras, were covering violent events perpetrated
by the so-called Tomistas Metropolitan Police, who had seized the installations of the Metropolitan Police in
opposition to the Metropolitan Mayor. On that occasions, Mr. Armando Amaya was injured with a firearm in the
back part of the thigh while filming those events.”