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petition of cassation with the Supreme Court, all within the space of five months. From the information
available, it cannot be conclusively determined that the Prosecution’s decision, upheld by three different
courts, was in violation of that right, or inconsistent with the duty to investigate. Hence, the Commission
concludes that the State did not violate articles 8 and 25 in relation to the criminal complaints filed by
RCTV.
5.
The court proceedings related to the provisional measures ordered for the staff of
RCTV
220.
Finally, the petitioners allege that on May 21, 2007, in executing the provisional
measures ordered by the Inter-American Court in the Matter of Luisiana Ríos et al. regarding Venezuela,
RCTV had petitioned the 33rd Preliminary Examining Court of the Metropolitan Caracas Criminal Court
Circuit to request protection for the perimeter of the channel’s headquarters and for its staff. The
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petitioners point out that the protection was ordered on May 24, 2007,
but that on May 25, 2007, the
alternate judge presiding over the 30th Court was replaced by another judge who immediately decided to
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revoke the protective measures ordered the previous day.
According to what the petitioners are
alleging, RCTV was not notified of the decision to revoke the protection until June 6, 2007, which meant
that the journalists and employees of RCTV “had, on Sunday, May 27, 2007, the false sense that their
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physical and moral safety was being protected.”
For the petitioners, the measures meant that “the
shareholders, executives, journalists and other employees of RCTV did not have the opportunity to turn to
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the courts for an independent and impartial decision on their rights.”
221.
For the Commission, the alleged failure to comply with the provisional measures ordered
by the Inter-American Court of Human Rights is extremely disturbing. In the instant case, the allegation
made by the petitioners is all the more serious because of the abrupt removal of the judge who ordered
the measures of protection for the staff of RCTV, in keeping with what the Inter-American Court had
ordered, and her replacement by another judge who immediately revoked the protection. Nevertheless,
the Commission observes that these allegations are not part of the crux of the complaint filed with the
IACHR in the instant case –i.e. the non-renewal of RCTV’s concession- and were thus not included in the
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characterization of the facts that the IACHR conducted in its admissibility report in the instant case.
The Commission therefore considers that these facts must be discussed within the framework of the
compliance with the provisional measures ordered in the Matter of Luisiana Ríos et al. regarding
Venezuela or in a separate petition. It therefore decides not to issue a finding on this issue at this time.
VI.
CONCLUSION
222.
Based on the considerations of fact and law contained in this report, the IACHR
concludes that the Venezuelan State is internationally responsible for having violated, to the detriment of
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the victims who were employees of RCTV and the shareholders and board members Marcel Granier,
Peter Bottome and Jaime Nestares, the rights enshrined in articles 13 and 24 of the American
Convention, together with the general obligations established in Article 1(1) of the treaty, in the terms set
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Annexes 88-91, Thirty-third Preliminary Examining Court of the Metropolitan Caracas Criminal Court Circuit, Judge
Nathali Mariñez Silva, Orders Nos. 575-07, 576-07, 577-07 and 578-07 of May 24, 2007, Communication from the petitioners
received on February 18, 2010, Attachment 116.
330
Annex 92, Thirty-third Preliminary Examining Court of the Metropolitan Caracas Criminal Court Circuit, Judge Erickson
Laurens Zapata, Case No 33C-997-02, Decision of May 25, 2007, Communication from the petitioners received on February 18,
2010, Attachment 116.
331
Annex 1, Communication from the petitioners received on February 18, 2010, p. 192.
332
Annex 1, Communication from the petitioners received on February 18, 2010, p. 193.
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Cf. IACHR, Report No. 114/11 (Admissibility), Marcel Granier et al.v. Venezuela, July 22, 2011, paragraph 41.
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Edgardo Mosca, Anani Hernández, Inés Bacalao, José Simón Escalona, Odila Rubin, Oswaldo Quintana, Eduardo
Sapene, Eladio Lárez, Daniela Bergami, Isabel Valero, Miguel Ángel Rodríguez, Soraya Castellano, María Arriaga and Larissa
Patiño.