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an arbitrary procedure. They also argued that the elimination of the right to property, even for
reasons of public utility or social interest, when just compensation is not paid, is an unlawful
deprivation of property that violates Article 21 of the Convention. The representatives argued
that the seizure of the equipment was carried out without previously declaring that it was of
public utility, without respecting the expropriation procedure established by the laws of
Venezuela, and without paying compensation. They added that the arbitrary seizure by the
Supreme Court of Justice was a confiscation under the appearance of an interim measure, an
appearance that was irrelevant to change the confiscatory nature of the act, and RCTV was
deprived of those assets in open violation of Article 21(2) of the Convention.
330.
The representatives indicated that a broad application of the right to property would
result in an interpretation that it included the shareholder’s legal title to assets. They added
that Article 1(2) of the Convention established that, for the purpose of the protection system
established by the Convention, “‘person’ means every human being.” However, they argued that
Article 1(2) only excluded legal persons from the sphere of the Convention. They alleged that
companies were excluded, but not the partners and that this distinction was of crucial
importance because a legal person also served as a vehicle to implement activities that were
the exercise of human rights guaranteed by the Convention. Additionally, the representatives
argued that the shares in a commercial company are property and enjoy the protection of
Article 21 of the Convention. The representatives explained that when they cited Article 21 of
the Convention to denounce its violation, they were not referring to the rights of the shareholder
who plays an active role in the activities of the company, but rather they were referring to the
harm suffered by shareholders’ property, particularly the value of the shares, owing to “the
arbitrary actions taken by the State in order to close down RCTV, including the arbitrary nonrenewal, and the asset seizure, which resulted in the destruction of the economic value of their
property.” The foregoing was because the elimination of the company’s assets resulted in the
destruction of the shares as titles that represented a specific value.
331.
The representatives also emphasized that RCTV was a closed family company and that
the shareholders represented all the partners, who together represented the whole ownership
of the media outlet, so that the non-pecuniary interests and the pecuniary interests of the
partners merged with the non-pecuniary interests and the pecuniary interests of the legal
person of the media outlet.
332.
The State shared the Inter-American Commission’s opinion when it concluded that
“the petitioners ha[d] not provided sufficient evidence of the direct effect on the personal
property of the shareholders presented as victims as a result of the State’s seizure of RCTV’s
tangible assets.” Consequently, the State concluded that it was excused from providing
compensation for harm to the patrimony of the RCTV shareholders and that it owed nothing in
relation to the interim measures that awarded the property that belonged to RCTV.
333.
The State indicated that the Commission had concluded that it was not possible to
determine that RCTV had an acquired right to the automatic renewal of its concession. It argued
that the Venezuelan State was responsible for the administration of the electromagnetic
spectrum and that it was its prerogative to renew the concession or to use it itself because,
since it owned the right, it was not obliged to open a new procedure
Considerations of the Court
334.
The Court takes note that the Commission did not find any violation of the right to
property established Article 21 of the Convention, while the representatives argued that this
right had been violated. The Court reiterates that “the presumed victims or their
representatives may invoke rights other than those cited by the Commission, based on the