17
investigations and procedures initiated or conducted by criminal courts in relation to these
facts. The foregoing is based on the legal arguments.
*
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*
60.
Moreover, the representatives alleged that the facts mentioned in the instant case
“have been reviewed, alleged and proved" in the application, which are known to the parties
within the framework of the petition, the precautionary and provisional measures, as well as
a series of alleged facts that they qualify as "supervening". These would be directly linked
to the facts contained in the application, which occurred before and after the submission
thereof, which “must be assessed by the Court [...] as part of the 'context' in which the
facts took place [...] or as facts that worsened the alleged violations, [which] are also
attributable to the State and that originated its international responsibility”. These incidents
“have continued and continue occurring, and even the aggressions and threats have been
worse, [therefore they are] ongoing facts […] that qualify within the concept established by
the Court to ‘supervening’ facts”. They made reference to the following ��three types of
facts”: Those that constitute “per se the object of the case” considering that they have been
mentioned in the application; those that would allow explaining, clarifying or dismissing the
ones contained in the application and the supervening facts, which occurred after the
submission of the application. In the final written arguments, the representatives intend the
Court to further assess other facts that occurred after August 2005 and until May 2008,
"which have been timely and duly informed to the Court within the framework of the
provisional measures".
61.
Besides, the representatives referred to a series of incidents, situations and
considerations that they intend to include within the factual framework of this case and that
they consider are important to demonstrate a “pattern of hostility, threat and aggression
against journalists and mass media” and a “State policy or at least, a behavior pattern of
the State towards the exercise of liberty of expression”. These alleged facts consist, inter
alia, in a series of domestic rules and judicial decisions, namely, inter alia: administrative
sanction procedures against television stations, in particular, Globovisión, addressed to
partially suspend the broadcasts or even cancel or refuse to renew the concession of the
television station; multiple judicial proceedings that tend to sanction the mass media, even
take away the signal. The representatives asserted that in the particular case of
Globovisión, criminal actions have been instituted against executives and reporters of that
company by the Public Prosecutors' Office and they mentioned the alleged existence of a
discredit campaign against such television station initiated by State’s mass media. The also
mentioned the existence of indirect pressure of the State by not granting the concessions
and permits that Globovisión has requested in order to expand its coverage and the
irregular dismissals of judges that have rendered rulings in favor of the television station.
*
*
*
62.
Moreover, in the briefs and interventions, apart from referring to most of the factual
and legal aspects of this case, the State referred to, inter alia, the role that private mass
media play in Venezuela that, in the State’s opinion, have turned into “unyielding political
opposition to the legitimately elected government"; it has objected to the interpretation the
representatives made of some domestic rules and judicial decisions; it has pointed out
certain facts and people that participate in “a plan to affect the government and prepare a
coup d' état for April 2002 “; and other “rebellion acts of ‘golpistas' officials in Altamira
Square, plans for a business and oil strike, the “guarimbas” of 2003 and the referendum to
recall the President's mandate of 2004". The State asserts that during the development of