65
.
opposition in the city of Maracay, when a group of individuals “followers of the ruling party”
started attacking the protestors of the opposition with stones and other blunt objects. The
representatives stated that it was a police officer from Aragua who ran over her. 259
251. The Court has verified that in the video provided as evidence by the Commission you
can hear the voice of Mrs. Cruz, who is saying that she is reporting from the State of
Aragua. In the images, taken at night, you can observe several people running and
motorcycles driven by security officers moving close to where the camera is located.
Immediately afterwards you can observe the reporter getting close to a group of “people on
motorcycles” and stating that the officers were arresting a minor. Upon getting closer, she
yells, “the person on the motorcycle is running over me”, “he ran over me”, and “I saw you,
you ran over me”, even though it cannot be specifically observed that the motorcycle ran
over the reporter. The reporter also mentions that the security agents were preventing her
reportorial work.260 In other statements Mrs. Cruz referred to this matter in the same
sense.261
252. On March 12, 2004 the 4° Public Prosecutors’ Office of the Judicial District of the
State of Aragua ordered the start of the investigation and went on to practice an expert
assessment consisting in a legal medical examination.262 This fact was also denounced on
March 18, 2004 before the 21° National Public Prosecutors’ Office with Full Jurisdiction. 263
According to the sworn statement offered by Mrs. Alis Carolina Fariñas Sanguino, prosecutor
at that time, the order to start the investigation was ordered on March 18, 2004 by virtue of
the knowledge obtained by that Public Prosecutors’ Office of the alleged fact. 264 However,
the investigation also continued its process in the Criminal Judicial Circuit of the State of
Aragua. In this sense, the State argued that the claimant did not present herself to offer her
statement on the facts and submit herself to a forensic medical exam, even after her
presence was required on several opportunities through citations. 265 Within the case, on
March 23, 2006 the Public Prosecutors’ Office requested the dismissal of the case based on
lack of criminal definition of the action,266 which was ordered by the Court on August 14,
2006.267
259
In its application, the Commission argued that on March 3, 2004 “Anahís Cruz was covering the
opposition’s protest in the city of Maracay when a group of individuals supporters of the ruling party started
attacking the opposition’s protestors with rocks and other blunt objects. Mrs. Anahís Cruz denounced that a police
officer driving a motorcycle ran over her front with his front tire.”
260
Video marked "Attacks on Anahís Cruz" (appendix 68 to the application).
261
Cf. statement of Anahís Cruz (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folios 3130-3135) and statement offered by Anahís del Carmen Cruz Finol before notary
public (affidavit) on June 27, 2008 (dossier of evidence, volume XVIII, folios 5671-5677).
262
Cf. official letter N° 05-F4-401-04 (dossier of evidence, volume XXVII, folios 9681-9682).
263
Cf. complaint filed on March 18, 2004 before the 21° National Section of the Public Prosecutors’ Office with
Full Jurisdiction (dossier of evidence, volume IX, folios 3659-3667).
264
Cf. statement offered by Alís Carolina Fariñas Sanguino before notary public (affidavit) on June 30, 2008
(dossier of evidence, volume XVIII, folio 5740).
265
Cf. report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9238).
266
Cf. request for discontinuance by the 4° Sections of the Public Prosecutors’ Office of the Judicial District of
the State of Aragua on March 22, 206, fuled on the next day (dossier of evidence, volume XXVII, folios 96939695).
267
Cf. order for discontinuance from the 10° First Instance Court of the Criminal Judicial District in Control
Duties of the State of Aragua of August 14, 2006 (dossier of evidence, volume XXVII, folio 9697).