67
.
259. The representatives argued that the attacks suffered by Mr. Noé Pernía at the
mayor’s office constituted a violation of Article 5 of the Convention. With regard to the facts
of the same day at the RCTV headquarters, they added that DSIP officials were parked on a
motorcycle a short distance away from RCTV’s main entrance, but they did nothing to detain
the attackers; and that after an hour had gone by since the attacks started, the National
Guard (whose headquarters are located in the surroundings of RCTV) turned up at the
location to persuade the attackers to leave, which they did, but not without first threatening
that they would be back later.
260. Regarding the alleged attacks suffered by Mr. Pernía, the latter stated that some
individuals fired shots against the mayor’s office, forcing the journalists who were at the
press conference with the mayor to throw themselves on the ground, but he did not
mention that anyone had been injured.271
261. With regard to the alleged attacks at the RCTV headquarters, the sworn statement of
Mrs. Castellanos indicates that the “attack” was “mucho stronger than any of the previous
ones,” that “the level of violence against the station was much greater” and that they even
heard shots that broke the windows of the facade. She also mentions that she herself had
called members of the parliament “from the ruling party” asking them for help, but they
ignored her request.272 Mr. Eduardo Sapene, in his sworn statement, confirmed the
Commission’s version and indicated that the attack lasted approximately one hour and a
half.273
262. The Court points out that two judicial inspections of June 3 and 4, 2004 confirm the
attacks against the headquarters of RCTV, the setting on fire of the vehicle at the main
entrance, that blunt objects were thrown against the building’s facade and that detonations
were made and there were damages outside the station. 274 Likewise, the judicial inspection
of June 3, 2004 verified that officers of the National Guard broke up the crowds of people
who were attacking these installations at 14:16 hours. 275 The video presented by the
Commission confirms the aforementioned statements. Additionally, you can hear that the
reporter who is commenting on the images mentions that “it was evidently an isolated and
coordinated group” who attacked the installations and that “thanks to the support of the
National Guard, of the Metropolitan Police, and the firemen of Caracas the group of hostile
people was kept in order and later moved away from the surroundings of the station.” 276
263. The Commission indicated that despite the fact that the appointed Public Prosecutor
identified the person who led the attack, the investigation was not concluded. 277 The State
informed that several diligences were performed, such as the realization of ballistic expert
analysis on the “shells” (cases) seized at the site of the event; an audiovisual analysis and
of technical coherence of a video; real appraisal of the facade of the company RCTV in order
271
Cf. statement of Noé Pernía (dossier of Evidence, volume IV, folio 1154).
272
Cf. statement of Laura Castellanos (dossier of evidence, volume IV, folio 1157).
273
Cf. statement offered by Eduardo Guillermo Sapene Granier before notary public (affidavit) on June 25,
2008 (dossier of evidence, volume XVIII, folios 5585-5591).
274
Cf. judicial inspection of June 4, 2004 certifying the damages caused to the building of the station RCTV
with the facts occurred on June 3, 2004 (dossier of evidence, volume IV, folios 1162-1163).
275
Cf. judicial inspection of June 3, 2004 certifying the facts occurred in the surroundings of the RCTV station
on June 3, 2004 (dossier of evidence, volume IV, folios 1159-1160).
276
Cf. video titled “Attack on RCTV – June 3, 2004” (appendix 41 to the brief of pleadings, motions, and
evidence).
277
Cf. application of the commission (dossier of merits, volume I, folio 192).