7
Nestares, Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar, Francisco J.
Nestares”37.
27.
Regarding the alleged violation of Article 25 of the Convention on judicial
protection, the Court examined the processing of the application for constitutional
amparo and concluded that “although the Supreme Court of Justice delayed slightly
more than three months to rule on the application for constitutional amparo, this
period was not excessive for deciding the application, and did not influence its
effectiveness, particularly since its inadmissibility was based on the requirement that
the appropriate remedy should be used against the administrative decisions
contained in Communication No. 0424 and Resolution No. 002 prior to making an
application for amparo.”38 The Court also examined the processing of the injunction
request and concluded that although the Political-Administrative Chamber took more
than the three working days established for this purpose, it did so before the date on
which RCTV was closed down.39 In this understanding, the Court concluded that “the
State did not violate the right to judicial protection established in Article 25(1), in
relation to Article 1(1) of the Convention.”40
Reparations and re-establishment of violated rights
28.
The violations of Articles 8 and 13 of the Convention verified by the Court
could, in theory, be redressed legally by the simple declaration in the judgment that
the violation occurred and, in this regard, by determining that the judgment, per se,
constituted the reparation. However, in its case law, the Court has usually established
the pertinence of diverse measures of reparation addressed at repairing the harm,
restoring the violated rights, and determining measures of non-repetition in each
case.
29.
This is what the Court has decided to do in this case. Hence, considering, in
particular, “the circumstances of the case sub judice, the harm that the violations
committed caused to the victims, and also the consequences of a non-pecuniary
nature that they endured as a result of the violations of Articles 8 and 13 of the
American Convention, declared to the detriment of the victims, the Court finds it
pertinent to establish the following measures of satisfaction and guarantees of nonrepetition” (Para. 371).
30.
The judgment found concurrent violations of the rights to freedom of
expression, of its exercise without discrimination, and of judicial guarantees,
concluding, based on the proven facts, that the decision not to renew the RCTV
concession was not based on a valid technical or legal reason, but rather to weaken
the plurality represented by critical voices.
31.
Consequently, although the Court has not determined that the alleged right
to property in relation to the concession granted to RCTV has been violated in this
case, owing to the verified violations of several provisions of Articles 8 and 13 of the
Convention in relation to Article 1(1) of this instrument, the judgment required the
re-establishment of the concession of the frequency of the electromagnetic spectrum
corresponding to television’s channel 2. To this end, and to ensure that this measure
is not illusory, the Court ordered “the return of the assets subject to interim
measures, because they are essential for the effective operation of the concession.”41
37
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 308.
38
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 317.
39
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 322.
40
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 323.
41
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, para. 381.
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