22. With regard to Article 5 of the Convention, the Petitioners first allege that the verbal
attacks by the President and other high officials constitute violations of the American
Convention in and of themselves. They argue that Article 5 of the Convention protects the right
to "moral integrity," and that their "moral integrity" is violated by the offensive statements.
Furthermore, they allege that the State has violated this right by encouraging its supporters to
verbally and physically assault Globovisión employees, threaten them with blunt implements,
make death threats against them, and humiliate them. In addition to damaging their physical
integrity, the fact that they are unable to exercise their profession freely damages their mental
and moral integrity.
23. With regard to Articles 8 and 25 of the Convention, the Petitioners allege that the State
has violated their rights to a fair trial and judicial protection by failing to carry out a serious
and exhaustive investigation of the above-detailed incidents. Furthermore, the acts of
aggression against the employees of Globovisión constitute crimes; the Public Ministry is the
sole entity that can bring public penal actions and its failure to do so in the case of
theGlobovisión employees leaves them in a completely defenseless state.
24. The Petitioners also allege that there is a lack of independence in the judicial branch and
the Public Ministry that has prevented the Petitioners from having their rights to a fair trial and
to judicial protection protected. This lack of independence further extends to notaries public,
who are dependents of the Ministry of Interior and Justice and who have, on numerous
occasions, refused to authenticate documents submitted by the Petitioners without any legal
basis for doing so.
25. The Petitioners further state that the State has incurred in a violation of its general
obligations to respect and guarantee the human rights protected under the American
Convention, as required by Articles 1(1) and 2 of the Convention. These general obligations
include both the duty of State agents to refrain from actions that violate human rights
protected under the Convention and the responsibility of the State to prevent or investigate
and punish human rights violations committed by private individuals. As previously stated, the
Petitioners believe that the perpetrators of the acts of aggression should be considered "state
agents" because they acted with the support and encouragement of the government. They also
allege that the lack of a serious investigation of the incidents and the failure of the State to
bring any of the perpetrators to justice indicates a violation by the State of its duty to give
legal effect to the rights protected under the Convention, as required by Article 2.
26. Regarding the exhaustion of domestic remedies, the Petitioners allege that on January 31,
2002, they denounced the aggressions to which they had been subjected prior to that date
before the Attorney General's Office, in order that the Public Ministry could carry out an
investigation to sanction those responsible. At the same time, the Commission issued
precautionary measures, which further emphasized the call to the State to investigate these
incidents. After the initial complaint to the Attorney General's Office, the Petitioners proceeded
to denounce subsequent incidents of aggression against Globovisión either the day the incident
occurred or, at the latest, the day after the occurrence. Nevertheless, the Petitioners allege
that there has been no investigation, few individuals have been questioned by the Public
Ministry, and no one has been charged in connection with any of the incidents. They state that
because only the Public Ministry can initiate investigations in "public action" crimes, such as
the majority of the ones committed against Globovisión, this petition falls under one of the
exceptions to the requirement of the exhaustion of domestic remedies. Article 46(2)(b) of the
Convention states that a victim is excused from the requirement of showing exhaustion of
domestic remedies if "the party alleging violation of his rights has been denied access to the
remedies under domestic law or has been prevented from exhausting them."
B.
Position of the State
27. There was no response from the State regarding the admissibility of the petition.
IV.
ANALYSIS OF THE ISSUE OF ADMISSIBILITY
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