16
also the result of the process described,” which involved the creation of “an institutional and
legal structure, a State policy, and an operational apparatus that has established the bases for
the dissemination of a single message, which is the new ethical, moral and spiritual hegemony
of the political project known as Twentieth Century Socialism.” On this point, the
representatives referred, inter alia, to: (i) the “general outline of the 2007-2013 Economic and
Social Development Plan of the Nation”; (ii) “the so-called “Plan Patria”; iii) the “RESORTE Law”
(Law on Social Responsibility in Radio and Television); (iv) the number of radio stations and
television channels that exist in the country, as well as their possible editorial line; (v) the use
of the “cadenas nacionales” [simultaneous broadcasts on all State radio and television
frequencies], and (vi) the 2012 Annual Report of PROVEA (Venezuelan Program of Human
Rights Education and Action).
47.
The Commission placed the presumed violations of rights that occurred in this case in
three contexts: (i) “‘a progressive deterioration of the exercise of freedom of expression in
Venezuela,’ caused, inter alia, by ‘an environment of intimidation’ fostered by statements of
senior State officials against independent media outlets, as well as ‘the official discourse of
government officials discrediting journalists and the launch of administrative proceedings that
could result in the suspension or revocation of concessions for providing radio and television
services.’”; (ii) “a context of retaliation against officials who made decisions contrary to the
interests of the government,” and (iii) another context characterized by the “lack of judicial
independence and autonomy vis-à-vis the political power” as “one of the weakest points of
Venezuelan democracy.”
48.
The Court will take into account the facts indicated by the Commission and the parties,
as well as the evidence in the case file in order to establish the specific context of this case.
a) Social mobilization and the April 2002 coup
49.
First, the Court underlines that, between December 2001 and April 2002, a process of
social mobilization took place among certain sectors of the population against various policies
of the Venezuelan Government.46 The national strike that began on December 10, 2001,47
originated in the labor conflict in the company, Petróleos de Venezuela (PDVSA) and,
subsequently, other manufacturing and business sectors joined the strike.48
50.
The public protest gradually increased during the first quarter of 2002. In particular on
April 11, 2002:49
A mass march [was] called by an umbrella organization of the opposition forces, which would later come
to be known as the Democratic Coordination, [which] proceeded from the Parque del Este towards Chuao.
The demonstrators soon continued on to Miraflores to demand the President’s resignation. There they
encountered pro-government groups that had been camped near the Palace for three consecutive days.
[…]
The result of the encounter was a confrontation in the city center involving clashes between the
Metropolitan Police, the National Guard and demonstrators in favor of and opposed to the government.
[…] The day produced tragic results. Information received on this matter indicates almost 19 deaths and
a large number of wounded.
Cf. Case of Brewer Carías v. Venezuela. Preliminary objections. Judgment of May 26, 2014. Series C No. 278,
para. 36. Similarly, IACHR. Report on the situation of human rights in Venezuela 2003, OEA/Ser.L/V/II.118. Doc. 4
rev.1, October 24, 2003, paras. 76 and 77. Available at: http://www.cidh.org/countryrep/Venezuela2003eng/toc.htm
46
IACHR. Report on the situation of human rights in Venezuela 2003, OEA/Ser.L/V/II.118. Doc. 4 rev.1, October
24, 2003, para. 76.
47
IACHR. Report on the situation of human rights in Venezuela 2003, OEA/Ser.L/V/II.118. Doc. 4 rev.1, October
24, 2003, paras. 76 to 79.
48
IACHR. Report on the situation of human rights in Venezuela 2003, OEA/Ser.L/V/II.118. Doc. 4 rev.1, October
24, 2003, paras. 80 to 83.
49