29 78. These declarations were echoed by other State officials114 and reiterated by President Chávez on several occasions, including during the inauguration of an extension to the Caracas metro on November 3, 2006, during which he stated: I just want to remind you, especially you the television channels, that next year your concession expires. On March 27, don’t be surprised if I tell you “mmm, mmm” [shaking. his finger in a gesture of denial] no more concessions for some television channels. No one should be surprised; no, no one should be surprised, because – owning a television channel – I know that tonight, tomorrow, they’re going to accuse me “the tyrant” aahjj! - I couldn’t care less what they say about me, I couldn’t care less; I’m the Head of State and I always speak and act in keeping with the Constitution and the law.115 79. Subsequently, on December 1, 2006, in an interview with the journalist, Carlos Croes, President Chávez declared: President Chávez: Of course, a channel […] whose owners have declared themselves to be enemies of the government. Carlos Croes: And, don’t they have the right? President Chávez: To declare themselves enemies of a government? Carlos Croes: And, if they don’t agree with it? President Chávez: Ah, well, then the government has the right to decide whether or not to grant them the concession. It’s a question of freedoms. As Head of State, I am not obliged to grant them a concession. […] The government will evaluate the situation and make a decision when the time comes.116 80. In December 2006, State officials began to announce the official decision not to renew RCTV’s concession, including in the following declarations: a) Declaration of President Chávez of December 28, 2006, on the occasion of his year-end address to the Armed Forces in which he stated: “There’s someone out there, one of those representatives of the oligarchy, who wanted to be President of the oligarchy, and then those governments by the Adecos [Acción Democrático] and Copeyanos [COPEI] gave them concessions for television channels, and now he is saying that his concession is eternal; but it ends in March, the television concession, it ends in March. So, he better start packing his bags and thinking about what he’s going to do after March. There’ll be no new concession for that coup-supporting television channel that calls itself Radio Caracas Televisión; the concession’s over; the decision is already being drafted. So, they better start getting ready, turning off the equipment, because we are not going to tolerate any media outlet that is at the service of the coup plotters, against the people, against the nations, against national independence, against the dignity of the Republic, Venezuela has self-respect. I am announcing this measure before the date arrives to that they do not Newspaper articles in “El Universal” entitled “Presidente de la AN apoya revisión de las concesiones a los medios” [President of National Assembly in favor of review of media concessions], of June 15, 2006 (evidence file, folio 3127), “Willian Lara: Se acabó la impunidad” [William Lara: Impunity is finished], of June 16, 2006 (evidence file, folio 3129). Press release on the website “Aporrea” entitled “Nicolás Maduro: ‘En Venezuela el uso del espectro radioeléctrico es feudal’” [Nicolás Maduro: In Venezuela, the use of the radio broadcast spectrum is feudal], of June 18, 2006 (evidence file, folio 3132), and Ministry of the People’s Power for Communications and Information, press release entitled “No renovar la concesión a RCTV, una decisión soberana” [Not to renew RCTV’s concession: a sovereign decision] of May 31, 2007 (evidence file, folio 3134). 114 Declaration of President Chávez of November 3, 2006 (evidence file, CD, Video minute 1:12). Press release on the website “Aporrea” entitled “Serán revisadas concesiones a televisoras” [Television concessions to be reviewed], of November 3, 2006, Available at: http://www.aporrea.org/medios/n86035.html. 115 Interview with President Chávez on December 1, 2006 (evidence file, CD, Video minute 1:39). Interview with President Chávez by the Ministry of Communications and Information of November 30, 2006. (evidence file, folio 3134). 116

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