2
5.
In this regard, it is relevant to underline the impossibility of legal persons lodging direct
petitions with the inter-American system of human rights (IASHR), Article 1(2) of the American
Convention establishes that, for the effects of this treaty, “person” is every human being. In
addition, legally recognized, non-governmental organizations in one or more OAS Member
States may lodge petitions before the IASHR under Article 44 of the Convention. However,
since the focus of the IASHR is the protection of individuals and communities, these legal
persons have competence to lodge petitions in their capacity as representatives of physical
persons, and are not protected by the rights recognized in the Convention. In other words, the
Convention allows special types of legal person to litigate on the rights of physical persons,
individually or collectively.
6.
In this case, it is exactly the contrary: physical persons requiring possible rights for a
legal person, which would undoubtedly be inadmissible in light of the Convention.
7.
If the IACHR could admit a petition with regard to a legal person by a physical person,
from the legal point of view the latter could only petition if he was legally representing the
former. That is, the individuals must be shareholders with a power of attorney from the
company, but in this case they did not have this.
8.
Moreover, the petitioners were not even RCTV shareholders! They were only
shareholders in companies that, in turn were shareholders in RCTV, according to paragraph 65
of the judgment.
9.
Based on the documents submitted, it has been concluded that only three of the said
indirect shareholders had, at the time of the facts, a direct connection to the communication
activities of RCTV. However, even though the Court did not recognize that the indirect investors
who did not perform activities related to the company’s mission were holders of the rights
relating to freedom of expression (para. 60), the judgment granted protection to all of them
with regard to the alleged violations of judicial guarantees.
10.
It is worth pointing out that, in these proceedings, the use of the word “shareholders”
is questionable because, in fact, no RCTV shareholder is named in the petition. On this point
also, I dissent from the majority opinion in the judgment, which repeats the word numerous
times even while agreeing that they are not shareholders in RCTV, pursuant to paragraphs 64
and 65.
11.
Since they are not directly connected to RCTV, we should not refer to the violation of
the human rights of these individuals; rather the consequence was necessarily an effect on the
property of the legal persons that owned all the shares in RCTV, and that are not protected by
the Convention. In other words, the closure of this television station did not necessarily mean
that the physical persons were unable to continue to exercise their activities in their capacity
as indirect investors who were not connected to the company, but only the impossibility to
maintain the connection between legal persons, which could result in financial prejudices for
the companies who owned shares in RCTV. However, as already emphasized, the American
Convention does not protect the rights of these entities, as the Court recognized in its judgment
by denying the violation of the right to property.
12.
Hence, it is necessary to make a distinction between the individuals who worked for
RCTV, recognized as victims in this case, and those who were merely connected to the company
by indirect patrimonial links. It is the RCTV employees, on whom the daily operations of the
television station depended and who effectively implemented its communication mission, who
could be considered victims by the Court. After all, as the American Convention establishes,
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