16
54.
Moreover, by means of a brief received on December 4, 2008 at the Secretariat, the
representatives informed on a “new administrative sanction procedure [initiated by the
National Telecommunications Commission (CONATEL)] against Globovisión" and they
requested the Tribunal to “take into consideration these serious facts at the moment of
delivering a judgment in this case”. This was also informed within the procedure of
provisional measures. Based on the same reasons previously stated (supra para. 52 and 53)
the Tribunal cannot consider those alleged facts.
55.
Finally, by means of a brief received on January 16, 2009 by the Secretariat (supra
para. 18) the representatives informed on an alleged "attack [against reporters,
management and other employees of Globovisión"] by organized groups of people openly
supporters of the National Government […] called “Grupo La Piedrita”, who at the dawn of
January 1, 2009 fired a tear gas bomb against the premises of Globovisión and made
serious threats to its personnel”. The representatives requested the Tribunal to “take into
account these serious facts at the moment of making a decision" and presented that same
information to the procedure of provisional measures. Based on the same reasons
previously mentioned, the Tribunal cannot consider those alleged facts.
C)
Facts and Allegations
56.
The parties have forwarded to the Court a series of arguments in reference to facts
of this case and the context in which said facts would have occurred, as well as other factual
and legal arguments addressed to disprove the other parties’ allegations that do not form
part of the proceeding before this Tribunal. In consideration of the above mentioned, the
Court deems it is pertinent to point out the facts that it shall consider in this Judgment.
C.1
Facts presented by the parties
57.
In the application lodged with the Court, the Commission defined the factual
framework of the instant case under the title “Considerations of Fact”. In that section, the
Commission included a sub-section in which it described, in six paragraphs and in general
terms, the political situation and the context of “threats [and attacks] against social
communicators” in which the facts of this case would have occurred. Based on the reports
on the Situation of Human Rights in Venezuela of 2003, as well as the Annual Report of
2004, the Commission stated that, at the time the incidents addressed in this case began,
Venezuela “was going through a period of political and institutional conflict that led to an
extreme polarization of society".
58.
Moreover, the Commission pointed out that on April 9, 2002, a strike called by the
Workers’ Confederation of Venezuela and Fedecámaras began and on April 11, that same
year, an opposition march took place, demanding the resignation of the President of the
Republic. This situation, according to the Commission, led to tragic acts of violence that
culminated with a large number of injuries and deaths, an attack on the constitutional
government through a coup d’ état and the subsequent restoration of the constitutional
order. The prevailing situation of Venezuela generated an environment of ongoing attacks
and threats against reporters, cameramen, photographers and other workers of mass
media.
59.
As to the facts of this case, the Commission presented approximately 54 facts that
occurred between October 2001 and August 2005, consisting in statements of government
officials and alleged acts of aggressions, threats and harassment committed against the
alleged victims. Furthermore, the Commission made reference to the existence of five