66
.
253. The Court considers, based on the evidentiary elements available, that it is not
possible to deem the fact argued by the Commission as proven.
*
*
*
254. The Commission stated in its application that on March 3, 2004 the journalist Isnardo
Bravo was covering a protest of the opposition from the flat roof of a building, when
motorized police officers of the Municipality of La California, Sucre, proceeded to disperse
the protest and fired shots against the journalistic team. The representatives added that the
shots were fired with long weapons by police officers from Sucre, whose Mayor belongs to
“the supporters of the ruling party” and is the son of who was at that time the VicePresident of the Republic. The representatives argued that under those circumstances the
State violated the right to humane treatment of Mr. Isnardo Bravo.
255. The statement of the journalist Isnardo Bravo, which coincided with the version of
the facts offered by the Commission, was provided as evidence. 268
256. As stated by Mrs. Alis Carolina Fariña Sanguino, a prosecutor at that time, on March
18, 2004 an order to start the investigation was issued after the filing of the complaint from
which the 21° Public National Prosecutors’ Office with Full Jurisdiction obtained knowledge of
the alleged commission of an illicit act fact against Mr. Bravo. 269 The State informed that it
had ordered the realization of several diligences, among then summoning the alleged victim
to testify, and that the case was in its preparative stage. 270 This Court does not have
sufficient elements to verify if the State acted with due diligence in the development of that
investigation (supra paras. 97 through 100).
257. The Court considers that sufficient elements have not been provided in order to
prove the fact argued by the Commission and the representatives, nor has it been
presented other reliable elements that corroborate the statement of the alleged victim.
*
*
*
258. The Commission argued that on “June 3, 2004 Mr. Noé Pernía was covering a press
conference at the Metropolitan Mayor’s Office in front of the Plaza Bolívar, when a group of
people in favor of the government started walking toward the main entrance of the Mayor’s
Office and opened fire. That group started moving toward the headquarters of the RCTV
station and they proceeded to make violent protests in front of its installations[; …] they
tried to force open the security doors that give access to the station by setting fire to a a
company truck, they fired shots against the facade and they wrote insults on the walls. Said
assault was taped by the company’s security cameras and verified by employees of the
General Sectorial Office of Intelligence and Prevention Services (DISIP) who were parked on
a motorcycle a short distance away from RCTV’s main entrance. During the attack –which
lasted almost an hour- shots were fired against the windows, facade, and even the
personnel of RCTV who looked outside.”
268
Cf. statement of Isnardo Bravo (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folios 3127-3128).
269
Cf. statement offered by Alís Carolina Fariñas Sanguino before notary public (affidavit) on June 30, 2008
(dossier of evidence, volume XVIII, folio 5740).
270
Cf. report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9247).