95
.
382. According to the Commission, on April 11, 2002 the transmission signal of the
private television stations was interrupted, while the signal of the state’s station was being
broadcasted. There is a judicial inspection that spread upon the record that on channel 2 of
RCTV “there was no image or sound.”
383. The State indicated that the alleged interruption of the signal on April 11 th, due to
the insertion in all transmissions of the signal of the station “Venezolana de Televisión”,
could not threaten the properties of a television plant. It pointed out that once the
nationwide government broadcast, during which several communication firms in fact divided
the screen in disobedience to the legal code in force, had ceased the private stations
reestablished their transmission without any equipment having been affected.
384. From the body of evidence it can be concluded that the transmission of a nationwide
broadcast had been ordered at 14:30 hours of that day. 351 A judicial inspection carried out
by the Fourth Judge of the Municipality of the Judicial District of the Metropolitan Area of
Caracas on April 11, 2002 at 17:16 hours, in response to a request of RCTV’s proxy in order
to verify that the national television stations were transmitting their signal was presented.
This court verified that at 17:30 hours “no image or sound appear[ed]” on the channel
RCTV. The same was verified with regard to channels 5 (Vale TV), 10 (Televen), 33
(Globovisión), and 51 (CMT). On channels 8 (Venezolana de Televisión) and 4 (Venevisión)
an image with sound was seen on the screen. 352
385. Even though there was an interruption in RCTV’s signal and transmission, this Court
considers that sufficient elements have not been provided to determine, in the situation and
context prevailing in Venezuela on April 11, 2002, the reasons why there was no image or
sound on the RCTV screen at 17:30 hours, or the form in which that interruption could have
affected the freedom of the alleged victims whose violation is argued. In that context of
very serious alteration of the public order, it has not been proven that state authorities
ordered that interruption to the signal or that, if ordered, that instruction would violate the
applicable domestic legislation or illegitimately restrict the freedom of expression of the
alleged victims.
D.ii.3 Fact of April 13, 2002
386. The Commission stated that on April 13, 2002, at around 20:00 hours, a group of
soldiers from the Military House with long weapons showed up at the station’s headquarters.
Two of the officers asked to meet with the executives in charge of the station. Upon doing
so, they requested “that a live interview with them be broadcasted.” The Commission
argued that Mr. Eduardo Sapene Granier had to close RCTV’s signal and transmit the state’s
channel.
387. The representatives specified that on that day “at 7:50 p.m. a Major [of the Army]
arrived at RCTV’s installations, in command of about fifteen (15) soldiers of the Military
House, armed with long weapons. The official requested he be allowed into the station
unarmed and along with two Members of Parliament of the MVR, with a representation of
the Ombudsman in order to meet with the executives in charge, for which he was allowed
access. The officials were received by Lic. Eduardo Sapene, Lic. Pablo Mendoza, and the
Eng. Edgardo Mosca. Major […] requested that a live interview with him and the Members of
Parliament and/or a telephone message with the Minister of Defense Dr. José Vicente
351
1841)
352
Copy of CONATEL’s official letter received by RCTV on April 11, 2002 (dossier of evidence, Volume VI, folio
Cf. judicial inspection performed by the Fourth Municipal Judge of the Judicial District of the Metropolitan
Area of Caracas on April 11, 2002 (dosser of evidence, volume V, folio 1401).