26
private mass media, among them, Globovisión – over the last time, in the political
reality of Venezuela.
p)
Jorge Vicente Santistevan and de Noriega, expert witness proponed by the
Commission, is a lawyer. He rendered an opinion, inter alia, regarding the different
scopes of the freedom of expression as a human right, in the strengthening of
democracy and in the region, as well as threats and systematic restrictions to
journalists and mass media to inform on issues affected with public interest.
q)
Javier Sierra, expert witness proposed by the Commission, is a Project
Director at the World Press Freedom Committee. He rendered an opinion, inter alia,
on the role of independent press in the attempt of the coup d'état in the Venezuelan
State, the legal framework of the press work in Venezuela, the attacks against the
Venezuelan press, the intimidation and self-censorship of Venezuelan journalists, the
insults by different State agents against the press, the journalistic performance in an
environment filled with fear and the role of international press freedom
organizations.
r)
Alberto Arteaga Sánchez, expert witness proposed by the representatives, is a
criminal law teacher. He rendered an opinion, inter alia, regarding the role of the
Public Prosecutors' Office in the Venezuelan criminal process, the role of the victim in
the investigations and proceedings for criminal actions, the period of duration of a
criminal investigation and the ways to initiate a criminal proceeding in Venezuela.
s)
Magadalena[sic] López de Ibáñez, expert witness proposed by the
representatives, is a clinical psychologist. She rendered an opinion, inter alia, about
the psychological and psychosomatic effects, as well as the biopsychological damage
experienced by journalists, cameramen, camera assistants and executives of
Globovisión.
t)
María Alejandra Díaz Marín, expert witness proposed by the State, is a lawyer.
She rendered an opinion, inter alia, about the historical background of the legislation
on telecommunications and the exercise of social communication in Venezuela, the
national legal framework of freedom of expression, information and communication
in Venezuela, and the compatibility between the national and international legislation
and with the freedom of expression, information and communication.
93.
Moreover, the Court heard the following testimonies rendered during the public
hearing:39
a)
Ana Karina Villalba, alleged victim and witness proposed by the Commission,
is a journalist of Globovisión. She rendered a statement, inter alia, regarding the
incidents of September 11, 2002 and other facts that hindered her journalistic
performance and the complaints she filed for such incidents. Furthermore, the
described the consequences that said events have had in her personal life and the
exercise of her profession.
39
The expert witness, Toby Daniel Mendel, summoned by means of the President's Order of March 18, 2008
(supra para. 11) did not appear to the public hearing of this case. The Inter-American Commission informed, on
May 5, 2008, that "due to force majeure events, the expert witness Toby Mendel [..] propos[ed] by the
Commission, could not travel to the City of San José to render [his] statement […] as required in the resolution of
Notice to the Public Hearing of […] March 18, 2008”.