33 105. In the proceeding registered as Case 07-0731, on May 28, 2007 the plaintiffs filed a petition with the Constitutional Court asking that the case be dropped. On June 1, 2007, the court decided to refuse the request to drop the case, and instead decided to join cases No. 07-0720 and No. 117 07-0731. Criminal complaints 106. On December 11, 2007, RCTV filed a criminal complaint with the Office of the Superior Prosecutor of the Metropolitan Caracas Judicial Circuit, requesting that a criminal investigation be 118 launched into crimes against property and other crimes criminalized under the Anti-Corruption Law. In its complaint, RCTV alleged that, through the injunctive relief measures ordered in the petitions filed for protection of collective and diffuse interests (Cases No. 07-0720 and No. 07-0731), the Constitutional Chamber had stripped RCTV of its right to property and possession of assets. The station had been left completely defenseless, since the court of last resort within the Venezuelan judicial system had indefinitely restricted its use, enjoyment and disposition of its own property, which was a blatant violation of fundamental rights as a consequence of a procedural fraud of immense proportions. In its complaint, RCTV argued that, by distorting the purposes of the injunctive relief sought by the aggrieved parties, the Constitutional Chamber had misapplied the law, with the result that RCTV’s assets were seized and handed over to new operators of the free-to-air signal. In RCTV’s view, the court had “committed an ‘autonomous procedural fraud” that was detrimental to [RCTV’s] rights and interests. It was an intentional fraud, inasmuch as the Constitutional Court’s own case law on the subject of procedural fraud condemns the conduct of judges who, through procedure and deceptive maneuvers, inflict harm that always involve violations of fundamental rights.” In its complaint, RCTV not only asked that an investigation be launched, but also that the condition of the physical installations, equipment and other assets assigned to the State be checked through court-ordered inspections. 107. On December 28, 2007, the Prosecution Unit 36 of the Public Prosecutor’s Office, with jurisdiction nationwide (“the Prosecutor’s Office”), which was in charge of the complaint, asked the court of oversight to order the case dismissed, alleging that the facts that prompted the filing of the complaint were not criminal offenses. On July 28, 2008, the 51st Preliminary Examining Court of First Instance of the Metropolitan Caracas Criminal Court Circuit admitted the request for dismissal filed by the 119 Prosecutor’s Office and decided to close the investigation. On August 7, 2008, RCTV filed an appeal 120 against this latest court ruling. 108. On October 10, 2008, the Fifth Chamber of the Appellate Court of the Metropolitan Caracas Criminal Judicial Circuit confirmed the reasons given by the Prosecutor’s Office in its request to have the case dismissed, and declared that the appeal filed by RCTV was inadmissible. RCTV filed a petition of cassation with the Supreme Court’s Chamber of Criminal Cassation to challenge that decision, 121 but, according to information in the public domain, its petition was dismissed on May 7, 2009. 117 Supreme Court of Justice, Constitutional Chamber, Case No. 07-0720/07-0731, Decision No. 1.075 of June 1, 2007; Available [in Spanish] at: http://www.tsj.gov.ve/decisiones/scon/Junio/1075-010607-07-0720.htm. 118 Annex 81, RCTV, Complaint alleging procedural fraud, filed with the Office of the Superior Prosecutor of the Metropolitan Caracas Judicial Circuit on December 11, 2007, Communication from the petitioners received on February 18, 2010, Attachment 80. 119 Annex 82, RCTV, Appeal filed with the 51st Preliminary Examining Court of First Instance of the Metropolitan Caracas Criminal Court Circuit, Case No. 370-08, August 7, 2008, Communication from the petitioners received on February 18, 2010, Attachment 81. Supreme Court, Criminal Cassation Chamber, Case No. C09-005, Decision No. 195 of May 7, 2009. Available [in Spanish] at: http://www.tsj.gov.ve/decisiones/scp/Mayo/195-7509-2009-C09-005.html. 120 Annex 82, RCTV, Appeal filed with the 51st Court of First Instance with Oversight over the Metropolitan Caracas Criminal Court Circuit, Case No. 370-08, August 7, 2008, Communication from the petitioners received on February 18, 2010, Attachment 81. 121 Supreme Court, Criminal Cassation Chamber, Case No. C09-005, Decision No. 195 of May 7, 2009. Available [in Spanish] at: http://www.tsj.gov.ve/decisiones/scp/Mayo/195-7509-2009-C09-005.html.