106
382. When the RCTV concession has been returned, the State must, within a reasonable time,
order the opening of an open, independent and transparent procedure to allocate the frequency
of the electromagnetic spectrum corresponding to television channel 2; to this end, following
the procedure established in the LOTEL or the relevant domestic law. 392 This procedure must
be executed guaranteeing that no discriminatory criteria will be applied that condition the award
of the concession, and must be aimed at truly strengthening democratic pluralism and respect
for judicial guarantees. Consequently, the State must: (i) take appropriate steps to implement
an open, independent and transparent procedure to allocate the frequency, and (ii) give the
victims in this case the opportunity to participate in this procedure through RCTV, or another
company, or in their own names, at a minimum under equal conditions. The State must provide
information on the measures taken in this regard within one year.
C.2. Satisfaction
C.2.1. Publication of the judgment
383.
The Commission did not present any specific arguments on this point.
384. The representatives asked the Court to order the State to “publicly acknowledge its
international responsibility by publishing the main paragraphs of the judgment on merits
delivered in this case in a national newspaper.”
385. The State rejected the measures of satisfaction requested and argued “that all the
appropriate guarantees for the exercise of freedom of expression through the media exist in
Venezuela.”
Considerations of the Court
386. The Court orders, as it has in other cases,393 that the State must publish, within six
months of notification of this judgment: (a) the official summary of this judgment prepared by
the Court, once, in the official Gazette; (b) the official summary of this judgment prepared by
the Court, once, in a national newspaper with widespread circulation, and (c) this judgment in
its entirety, available for one year, on the official website of CONATEL and similar entities,
taking into consideration the characteristics of the publication ordered.
C.3. Guarantees of non-repetition
C.3.1. Measures to adapt domestic law to Convention standards
387. The Commission did not present any specific arguments on this point. The
representatives asked “that, in order to ensure legal certainty, the regime for the granting
and renewal of administrative broadcasting concessions be established in conformity with the
standards of freedom of expression and the pluralism of information.”
388. The State argued that “all the information on the processing of telecommunications
concessions can be found publicly and accessibly on the website of the agency responsible for
this area.” Lastly, the State added that “through its different organs, in particular the Supreme
Court of Justice, through its Constitutional Chamber, and considering the principle of the
separation of powers and the sovereignty of the State, it has indicated that the rulings of the
LOTEL. Title VI On limited resources, Chapter II. On the procedure for the concession of use and exploitation of
the radio spectrum (evidence file, folios 241 to 250).
392
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs, para. 79, and Case of Cruz Sánchez et al. v. Peru,
para. 466.
393