78 . 301. Venezuelan domestic legislation states that in the event of related crimes, if one of them is a crime of public action and the other of private action, the trying of the case will correspond to the judge competent for the prosecution of the crime of public action and the rules of ordinary proceedings will be followed.317 The authority may try the crime not prosecutable ex officio once the interested party has brought it before him. In these circumstances, the State would be compelled to order all the evidentiary measures necessary and investigate in a diligent manner. 302. It can be concluded from the evidence present in this case that starting with the first complaint filed on January 31, 2002, successive complaints covering a large number of facts of different entity occurred between 2001 and 2004 were accumulated. Additionally, in the different facts denounced nobody has been identified as a suspect of having committed the crime and they occurred in different areas and on different days. However, the Court observes that all the complaints have in common that they refer to facts that presumably affected journalists and employees of the social communication firm RCTV. In fact, from the evidence it looks like the majority of the cases regarding social communication media firms, and not only RCTV, were eventually assigned to a same Prosecutors’ Office, which decided, given the “complexity of the case and […] the multiple complaints filed, […] to organize the totality of the records that conform it, taking into consideration the incidents and the individuals affected.”318 303. It does not correspond to this Tribunal to substitute domestic jurisdiction to determine if the facts denounced as illegal acts were connected or not under the rules of the COPP and if the accumulation of the facts denounced was in order. However, the Court observes that the judicial authorities did not go on record with regard to the applicability of the rules of connection no did it issue, except in some cases, decisions that would have clarified if the proceedings tried were adequate. 304. Regarding the facts of December 4, 2002, January 27, 2003, and August 14, 2003 (supra paras. 224, 232 and 236), there is no evidence that actions were taken despite being denounced before the Public Prosecutors’ Office little after they occurred. In reference to the fact of August 21, 2003, the representatives stated that the Public Prosecutors’ Office had not carry out any action and requested the dismissal, which was ordered by the 27° First Instance Court of Control Duties on January 31, 2007 (supra para. 244). The State did not provide any information regarding these facts. In reference to the facts that were effectively brought before the Public Prosecutors’ Office, the Court considers that it corresponded to this body, as the one in charge of criminal prosecution, to issue a decision ordering the start of the corresponding investigation in a timely manner or request the dismissal of the complaint, whichever corresponds. This did not occur in the present case with regard to these facts. C.ii Criminal investigations 305. From the documentation provided by the parties it can be concluded that for when this Judgment is issued, the results of the investigations on the 17 facts are the following: 317 The Organic Code of Criminal Procedures states in its Article 75 that: “If any of the related crimes corresponds to the jurisdiction of the ordinary judge and others to that of special cases, the case shall be heard by the ordinary criminal jurisdiction. When a same person is accused of committing crimes of public action and of action upon request of the injured party, the case shall be heard by the judge competent to try the crime of public action and the rules for ordinary proceedings will be followed.” Organic Code of Criminal Procedures, supra note 310, Article 75. 318 Cf. inter alia, request for discontinuance and dismissal by the 50° National Public Prosecutors’ Office with Full Jurisdiction of January 18, 2006 (dossier of evidence, volume XXVII, folios 9451).

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