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effective” remedy and provides that the courts shall give “preference to processing petitions for amparo
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relief over all other matters.”
194.
In the case sub examine, it is clear that the formalities prescribed by Venezuelan law for
petitions of amparo were not observed. Nor can it be claimed that the decision delivered three months
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after the petition was filed, was the prompt recourse required under Article 25(1) of the Convention.
The Court has held that amparo remedies will be illusory and ineffective if there is unjustified delay in
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reaching a decision on them. Here it is worth noting that in this case the failure to observe the deadline
prescribed by law had a real and serious effect, since while the decision on the petition of amparo was
still pending, in violation of Venezuelan law, the MPPTI issued, on March 29, 2007, Communication No.
0424 in which it announced that RCTV’s concession would not be renewed. As has been shown, this
decision was the result of a process that violated even the most fundamental guarantees of due process,
wrongs that the petition of amparo filed on February 9, 2007 might have prevented. In other words, the
delay in deciding the petition of amparo was not only a violation of Venezuelan law, but also had the
effect of enabling the consummation of the very violations that the petition of amparo was intended to
prevent. The petitioners indicated that “the Chamber waited until the violation of our rights had been
formally consummated and then denied us justice and forced us to file the action seeking nullification of a
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measure that the writ of amparo, had it been granted, should have prohibited.”
The Commission
therefore considers that the delay in deciding the petition of amparo violated the right to “simple and
prompt recourse […] for protection against acts that violate [one’s] fundamental rights,” as provided under
Article 25(1) of the Convention, to the detriment of the shareholders, executives and employees who
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jointly filed the petition seeking amparo relief.
195.
The Commission applies these same standards in analyzing the petition seeking
injunctive relief and, failing that, the petition seeking unspecified injunctive relief that was filed along with
the administrative-law petition seeking nullification of the government’s decision not to renew RCTV’s
concession. As has been established, this petition was filed on April 17, 2007, in conjunction with the
petition seeking nullification. The Supreme Court’s Political-Administrative Chamber declared the petition
seeking amparo relief to be inadmissible on May 22, 2007; the same court declared the petition for
unspecified injunctive relief to be out of order on July 31, 2007.
…continuación
Article 23. If the judge opts not to immediately restore the violated right pursuant to the preceding article, he or she shall
order the authority, entity, social organization or private parties accused of violating or threatening to violate the constitutional right
or guarantee, to file, within forty-eight (48) hours from the time of notification, a report on the alleged violation or threat that
prompted the filing of the petition.
Failure to report shall be understood as tacit acceptance of the facts alleged.
Article 26.- Within the ninety-six (96) hours following the presentation of the report by the alleged perpetrator or once the
corresponding period has run its course, the judge hearing the petition of amparo shall set the date for the parties or their legal
representatives to present their respective arguments in oral, public proceedings.
Once that hearing is held, the judge shall have twenty-four (24) hours in which to decide the petition for constitutional
amparo. That period is not subject to extension.
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1988 Organic Law of Amparo for Constitutional Rights and Guarantees, arts. 4, 13, available [in Spanish] at:
http://www.tsj.gov.ve/legislacion/loadgc.html.
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Cf. I/A Court H.R.. Case of Apitz Barbera et al. (“First Court of Administrative Disputes) v. Venezuela. Preliminary
Objection, Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182, paragraph 156.
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Cf. I/A Court H.R.. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, Reparations and Costs.
Judgment of August 31, 2001. Series C No. 79, paragraph 134.
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Annex 1, Communication from the petitioners received on February 18, 2010, p. 85.
In the petition of amparo, RCTV represented the shareholders and all the executives and employees of RCTV who are
victims in the present case, with the exception of Eladio Lárez. The victims of this violation are, therefore, the following: Marcel
Granier, Peter Bottome, Jaime Nestares, Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar, Francisco J. Nestares,
Edgardo Mosca, Anani Hernández, Inés Bacalao, José Simón Escalona, Odila Rubin, Oswaldo Quintana, Eduardo Sapene, Daniela
Bergami, Isabel Valero, Miguel Ángel Rodríguez, Soraya Castellano, María Arriaga and Larissa Patiño. See Annex 73, Petition of
Amparo filed with the Constitutional Chamber of the Supreme Court, February 9, 2007, Communication from the petitioners received
on February 18, 2010, Attachment 107.