94
.
376. The State indicated that the exercise of the administrative powers of supervision was
justified, since on the following day the coup d’etat occurred. (TIV f.1067)
377. Regarding this fact, evidence of a judicial inspection of the Fourth Municipal Court of
the Judicial District of the Metropolitan Area of Caracas of April 10, 2002 and of an
extrajudicial ocular inspection carried out by the Third Public Notary of the Municipality of
Chacao was presented,350 as well as the testimonial statements of two transmission
operators.
378. The transmission operators stated that very early on April 10, 2002 four people
belonging to the DISIP showed up in a vehicle and sad that they would “knock down’ the
station’s signal if the presidential nationwide broadcast was transmitted with a divided
screen, and that later approximately ten more people showed up, all identified as CONATEL
personnel, but who they later found out was personnel of the Military House. The State held
that these statements are insufficient to consider that argued as proven, since an RCTV
employee offered them; that they cannot generate any effect since the alleged witness has
an ample interest in the results of the statement. The Court observes that these people are
not alleged victims in this case. However, because of their relationship with the RCTV
station, it is necessary to assess their statement within the totality of the evidence offered.
379. The judge in charge of the judicial inspection stated that it could not be carried out,
since by order of the National Guard access to the area of the antennas of the “Los
Mecedores” station was denied to everyone. (TV evidence, appendix 44, folio 1412/1436) The Third
Notary Public of the Municipality of Chacao stated that it could not carry out the extrajudicial
inspection since she was prevented from entering the installations because of orders of the
National Guard. Additionally, the person who controlled the entrance was interviewed by
said Notary and he stated that only technical personnel on guard for the different television
station had been allowed access, that the transmission of the different television stations
was normal, that they had not received orders to affect the transmissions of the stations,
and that his presence there obeyed to the problems that had occurred on April 9, 2002.
Later, the person who had given the order to prevent access to the “Los Mecedores” station
indicated to the Notary that access to the mentioned installations would not be permitted
until the country’s situation did not return to normal.
380. As has been stated, (supra para. 340) this Tribunal considers that for there to be a
violation to Article 13(3) of the Convention it is necessary that the method or means
effectively restrict, even in an indirect manner, the communication and movement of ideas
and opinions.
381. The Court observes that even though the presence and statements of the agents of
the DISIP or the Military House at the “Los Mecedores” station, where RCTV’s transmission
antennas were located, could have been perceived as threats and provoke in the alleged
victims an intimidating effect, the Tribunal does not have enough evidence to prove that the
threat to intervene in the station’s signal was transformed into specific acts that would
affect the rights of the alleged victims to receive and impart information, in the terms of
Article 13 of the Convention.
D.ii.2 Fact of April 11, 2002
350
Cf. judicial Inspection of the Fourth Municipal Court of the Judicial District of the Metropolitan Area of
Caracas of April 10, 2002 and extra-judicial visual inspection carried out by the Third Notary Public of the
Municipality of Chacao. (dossier of evidence, Volume V, folios 1268-1445; in folios 1406, 1412, 1440).