67
233. Hence, this Tribunal considers that there is no sufficient evidence to conclude that
the alleged victims were attacked by individuals or that those individuals prevented them
from performing their journalistic duties on that occasion. Moreover, the evidence tendered
is not enough to consider as proven the fact that the National Guard did not intervene,
though it could, in order to protect the alleged victims in such incident. Consequently, it has
not been proven that the personal integrity of the alleged victims has been violated or the
exercise of their profession affected.
*
*
*
234. The Commission alleged that on December 3, 2003 a group of individuals threw
bottles at the news team of Globovisión, composed of Ademar Dona, José Umbría and
reporter Martha Palma Troconis, who were covering a demonstration of employees of the
Venezuelan Social Security Institute; that they tried to hit the cameraman and his assistant,
who were insulted. The news team of Globovisión withdrew without finishing the coverage of
the story211. The State pointed out that the complaint for these incidents was lodged ten
months and twenty-three days after the alleged verbal attacks.
235. This incident was reported before the 68º Public Prosecutor Office of Caracas
Metropolitan Area212, almost eleven months after it occured and the State informed that on
October 10, 2007, the Public Prosecutor Office in charge of the case, ordered the
appearance in the proceedings of Mrs. Palma Troconis and Mr. Umbría so as to render a
testimony about the investigated facts. On October 18, 2007, Mr. Ademar David Dona López
was interviewed. As to the investigation, the Court notes an unwarranted procedural delay,
since the first proceeding was carried out more than three years after the opening of the
investigation (infra para. *).
236. Mr. Dona López213 and Mrs. Palma Troconis214 offered to render a statement in this
regard; however, no sufficient evidence has been tendered to consider this fact proven.
*
*
*
237. The Commission alleged that on January 18, 2004, while the cameraman Joshua
Torres and his assistant, Zullivan Peña, were recording an attack, several people hit and
damaged the vehicle in which they were, with pipes and stones. The vehicle was even shot.
The alleged victims managed to pull over far from the area where the attackers were, under
the protection of the Metropolitan Police.215
211
On December 3, 2003, a Globovisión news team comprising Ademar Dona, José Umbría, and reporter
Martha Palma Troconis were covering a demonstration by employees of the Venezuelan Social Security Institute. A
group of people were in the area, engaged in an argument; on Cf.ing the Globovisión team, they began to throw
bottles at them. Some insulted the cameraman and his assistant, and attempted to hit them. The Globovisión
workers withdrew without being able to cover the story”.
212
Cf. brief of October 26, 2004 forwarded to the 68º Public Prosecutor Office of Caracas Metropolitan Area
(records of evidence, volume V, pages 1671-1749).
213
Cf. statement rendered by Ademar Dona (records of evidence, volume X, appendix 50 to the brief of
pleadings, motions and arguments, page 3080).
214
Cf. statement rendered by Martha Isabel Palma Troconis (records of evidence, volume X, appendix 50 to
the brief of pleadings, motions and arguments, page 3056).
215
The Commission argued in the application that “On January 18, 2004, a Globovisión news team
comprising cameraman Joshua Torres and camera assistant Zullivan Peña were in a station-owned vehicle on
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos