107
Court […] on the amendment of legal regimes should be revised constitutionally by the
Constitutional Chamber, and it is the internal jurisdiction of Venezuela that determines the
constitutionality of the said norms.”
Considerations of the Court
389. The Court recalls that the State should prevent the recurrence of human rights violations
such as those that occurred and, to this end, take all the legal, administrative and any other
measure necessary to avoid similar facts from occurring in the future in compliance with its
obligations of prevention and to ensure the fundamental rights recognized in the American
Convention.394 In particular, and pursuant to Article 2 of the Convention, the State has the
obligation to adopt the necessary measures to ensure that the exercise of the rights and
freedoms recognized in the Convention is effective.395
390. In this case, the Court restricted itself to examining the differential treatment suffered
by RCTV, based on one of the prohibited categories of discrimination contained in Article 1(1)
of the Convention (supra para. 235). The Court did not examine the compatibility of a specific
law with the American Convention, nor was this the purpose of this case. Moreover, the
representatives did not provide sufficient evidence to allow the Court to infer that the violations
arose from a problem in the laws themselves. Therefore, the Court considers that, in the
circumstances of this case, it is not pertinent to order the adoption, amendment or adaptation
of specific provisions of domestic law.
C.3.2. Measures to guarantee the implementation of procedures to allocate and
renew radio and television frequencies that reinforce democratic pluralism
391. The Commission asked that the State adopt the measures of non-repetition necessary
“to guarantee that the process to allocate and renew radio and television frequencies are
compatible with the Venezuelan State’s international obligations with regard to freedom of
expression.”
392. The representatives asked the Court to order the State “to provide transparent
procedures for the allocation of concessions for the use of the electromagnetic spectrum for
broadcasting.”
393. The State rejected the requests of the Commission and the representatives, and argued
that, “all the appropriate guarantees for the exercise of freedom of expression through the
media exist in Venezuela [and] that it is false that a transparent process does not exist for the
award of concessions.” The State also emphasized that “since the government of President
Hugo Chávez, a process of the de-monopolization and democratization of the radio spectrum
has been undertaken making way for the creation of hundreds of community radio and
television stations.”
Considerations of the Court
394. The Court establishes that the State should take the necessary measures to ensure that
all the future processes held to allocate and renew radio and television frequencies be carried
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 106, and
Case of Rochac Hernández et al. v. El Salvador. Merits, reparations and costs. Judgment of October 14, 2014. Series
C No. 285, para. 179.
394
Cf. Case of Las Dos Erres Massacres v. Guatemala, para. 240, and Case of Artavia Murillo et al. (In vitro
fertilization) v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of November 28, 2012
Series C No. 257, para. 335.
395