96
.
Rangel be broadcasted live.” They were informed that it was impossible to satisfy their
request given the lack of technical personnel at the studio and that it would only be possible
to transmit the signal of the State’s channel, as was done given the military official’s
insistence.
388. The State argued that it cannot be held responsible for the actions of individuals on
the mentioned date, by virtue of “the omission of the station RCTV to transmit the totality of
the information in a truthful manner, as well as the open and notorious participation of
some of its directors in support of the coup d’etat.” Likewise, it pointed out that the
arguments presented by the parties at no time refer to any damage that could generate a
restriction to the right to freedom of expression. Similarly, the State argued that the
statement offered before a Notary Public by Mr. Sapene Granier is contradictory to his
statement before the Public Prosecutors’ Office in regard to if it was a request or a demand
to transmit the state’s signal on that day. Additionally, the State questioned if that
transmission constituted a condition to withdraw the protestors that were in front of the
RCTV headquarters or a contribution to spreading the news on the President’s return.
389. Regarding this fact, a video made at the RCTV station, 353 a brief containing a
complaint of May 6, 2002,354 and the written statement offered by Mr. Eduardo Sapene
Granier on May 27, 2002355 were provided. This last statement does not refer to this fact. In
the body of evidence there are another two statements offered by Mr. Sapene Granier, one
of them given before a notary public356 and another before the Public Prosecutors’ Office. 357
The Court considers that it was not presented sufficient conclusive evidence that proves the
statements offered by Mr. Sapene Granier, in the sense that RCTV had to transmit the
signal of the state’s channel of April 13, 2002 at the mentioned time or that proves the
nature, motive, or reason for that transmission, if it occurred. Likewise, the way in which
that interruption would have affected the alleged victims’ freedom to seek, receive, and
impart information has not been proven either.
D.ii.4 Fact of July 5, 2002
390. The Commission and the representatives argued that “on July 5, 2003 a contingent
of the Army seized the television broadcasting station location in the “Los Mecedores”
station preventing the access to that station of the technical personnel that worked there,
since the National Army feared any hindrance to the television signal of origin[; that a]t that
time the commemorative acts of the celebration of the signing of the Declaration of
Independence from the Paseo Los Próceres would be transmitted in a Nationwide
Governmental Broadcast[; and that i]n those circumstances the 32 Public Prosecutors’
Office at a National Level and the 126 Public Prosecutors’ Office of the Metropolitan Area
made themselves present and drew up an official document spreading upon the record the
violations to the precautionary measures ordered.”
391. The evidence offered consists in a brief of the proxies of RCTV on July 9, 2003 before
the 2° and 74° Sections of the Public Prosecutors’ Office of the District of the Metropolitan
353
Video titled “Hooligans at RCTV Headquarters on 04/13/02” (appendix 70 to the application).
354
Brief of the complaint of May 6, 2002 (dossier of evidence, volume V, folios 1485-1495).
355
Written statement offered by Mr. Eduardo Sapene on May 27, 2002 (dossier of evidence, volume V, folios
1211-1224)
356
Cf. statement offered by Eduardo Guillermo Sapene Granier before notary public (affidavit) on June 25,
2008 (dossier of evidence, volume XVIII, folios 5585-5591).
357
Cf. statement offered before the 68° Section of the Public Prosecutors’ Office of the Metropolitan Area of
Caracas by Eduardo Guillermo Sapene Granier on June 7, 2004 (dossier of evidence, volume XXI, folio 6502-6508).