61
.
range soldier is observed and in it he refers to an incident occurred between the journalist
Cruz and an army soldier and he asks the journalist to leave. 236
232. This alleged fact was denounced on February 3, 2003 before the 2 Section of the
Public Prosecutors’ Office for alleged verbal attacks. 237 According to the representatives, the
Public Prosecutors’ Office limited itself to receiving the victim’s statement. 238 In this case,
the Court observes a lack of diligence in the actions of that body, since the State has not
informed of any diligence carried out since the filing of the complaint.
233. However, the Court considers that the evidence provided is not enough to prove that
a verbal attack was produced against the journalist nor that she was prevented access to
the official sources of information (infra paras. 350 and 351).
*
*
*
234. The Commission argued that on August 14, 2003 “a numerous group of “supporters
of the ruling party” showed up at the RCTV headquarters and they participated in violent
protests and they wrote insults on the walls of the façade.” The representatives argued that
officers of the Metropolitan Police and the National Guard did nothing to avoid the attack.
The State, on its part, argued in reference to this and other facts, that it has always proven
it as a policy directed to protecting the employees of the social communication media.
235. The evidence presented consists in the complaint itself, the dossier of the process
before the Commission and the records of a judicial inspection carried out at the
headquarters of RCTV on August 15, 2003.239 The records of the judicial inspection include
descriptions of different paintings on the façade and other parts of the building, as well as
photographs of the concentration of protestors taken by the station’s security cameras.
236. The facts were denounced on August 15, 2003 by the proxies of RCTV before the 2°
Fiscal of the Public Prosecutors’ Office, 240 which, according to the representatives, has not
perform any action.241 Since there is no evidence that the Public Prosecutors’ Office
performed any diligence since that judicial inspection, a lack of diligence in the actions of
that body is observed.
237. The Court considers that based on the evidence available in the case file it is possible
to consider proven that individuals held protests outside the installations of RCTV. During
these unidentified individuals made paintings with different inscriptions.
*
*
236
*
Cf. video labeled “Anahís Cruz” appendix 38 to the brief of pleadings, motions, and evidence).
237
According to the representatives it was not possible to obtain a copy of the complaint despite the fact that
it was requested to the Public Prosecutors’ Office.
238
Cf. final arguments of the representatives (dossier of merits, volume VIII, folio 2497).
239
Cf. judicial inspection dated August 15, 2003 carried out by the Sixth First Instance Civil, Mercantile, and
Traffic Court of the Judicial District of the Metropolitan Area of Caracas (dossier of evidence, volume IV, folios
1103-1132).
240
Cf. complaint filed on August 15, 2003 before the Public Prosecutors’ Office (dossier of evidence, volume
IV, folios 1095-1100).
241
Cf. final arguments of the representatives (dossier of merits, volume VIII, folio 2498).