7
Prosecutor’s Office, reporting on adoption of the urgent measures ordered by
the President of the Court on July 27, 2004;
c)
RCTV has been kept from changing the shift of its operators at the
channel’s most important antennae station in Venezuelan territory. In this
regard, they were required, with no legal or administrative basis, to be
accompanied by a technician of the Comisión Nacional de Telecomunicaciones
(hereinafter “CONATEL”) to enter the grounds that are the property of RCTV
and where those antennae are located. However, communications sent to
CONATEL to try to comply with the requirement were ignored. Due to this
situation, the operators are “practically prisoners in the antennae station, and
it has not been possible to take water and food to them;”
d)
through indirect means of restriction, the State has prevented RCTV
from carrying out its function of fully informing the Venezuelan population;
and
e)
the bodies of the State with jurisdiction over the matter have not
taken the necessary steps to: protect the lives, safety, and freedom of
expression of the workers, management, and journalists of RCTV; protect the
perimeter of RCTV; allow the petitioners to participate in and inform them of
planning and implementation of measures of protection; and investigate the
facts that gave rise to the provisional measures, including those that occurred
after the Court issued its November 27, 2002 Order. Furthermore, the State
has not fulfilled its obligation to report to the Court on steps taken.
12.
The communication submitted by the State on September 6, 2004, in which it
reported on the steps taken in the Luisiana Ríos et al. case. The State pointed out
that on January 31, 2002 the Second and Seventy-fourth Prosecutors of the Public
Prosecutor’s Office of the Judicial Circumscription of the Metropolitan Area of Caracas
were assigned to intervene in elucidation of the facts stated in the complaint filed in
writing by Eduardo Sapene as Vice-President of Information and Opinion at Canal de
Televisión Radio Caracas Televisión.
Said prosecutors began the respective
investigation. The aforementioned Second Prosecutor of the Public Prosecutor’s
Office “channeled the request for the respective Measures of Protection in favor of
the employees of said television broadcasting company, through the High
Prosecutor’s Office of the Circumscription of the Metropolitan Area, which led to
action by the latter Office, taking various actions to protect the lives and safety of
the journalists and technicians of the television channel Radio Caracas Televisión.”
The State reported that on February 26 and March 15, 2002 the Thirteenth and
Thirty-third Trial Courts with oversight functions in the Criminal Court Circuit of the
Metropolitan Area of Caracas decided the aforementioned measures of protection,
“assigning their implementation to various security bodies of the State, especially
the Metropolitan Police, the Caracas Police, and the National Guard, among others.”
Said procedures were “expanded” by the Courts mentioned above on March 15, April
11, and October 20, 2002, “thus including both the facilities where the head office of
the aforementioned television channel operates, and the microwave retransmission
antennae that it uses.” Since on April 23, 2004 the Inter-American Commission
decided to extent the precautionary measures, on May 4, 2004 the Sixty-eighth
Prosecutor of the Public Prosecutor’s Office of the Judicial Circumscription of the
Metropolitan Area of Caracas asked the High Prosecutor of the Public Prosecutor’s
Office of said judicial circumscription “to process the extension of the Measures of
Protection before the respective judicial bodies” in favor of the employees, property
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