72 humane treatment of Mr. Ficarella. The representatives pointed out that in this event, a contingent of the Nacional Guard and the Military Police that were on site began to throw tear-gas bombs and shotgun pellets to the demonstrators and that one of the military officers threw a tea—gas canister directly to reporter Johnny Ficarella, that hit him on the right part of his body and made him fell. In the middle of the confusion, the camera assistant helped the reporter. Thanks to the protection provided by the bullet-proof vest, the injury was not severe. The State made no reference to this fact in particular. 252. This fact was reported before the 68º Public Prosecutor Office of Caracas Metropolitan Area239. Regarding this fact, there is no evidence proving that an investigation has been conducted (infra para. 302 and 318). Furthermore, the testimony of the alleged victim was forwarded to the proceeding240. 253. The Court has adopted the criteria by which when the State does not contest a fact and fails to conduct an investigation, the fact is considered proven due to the silence of the State; therefore, the Court considers proven that the integrity of Mr. Ficarella was damaged and that the situation prevented Mr. John Power and Dario Pacheco from continuing doing their jobs under such circumstance. * * * 254. The Commission alleged that on March 1, 2004 a news team composed of Carla Angola, together with the cameraman and the camera assistant, was covering a demonstration when the cameraman was surrounded by a group of people that tried to prevent him from doing his job. When the situation became violent, the camera assistant helped him escaped and the three of them ran towards the vehicle while objects were being thrown at them; the vehicle was dented241. The State mentioned that the complaint regarding those facts was lodged nine months and twenty-five days after the incident, even though on the date of such incident, the Attorney General’s Office initiated, on its own motion, the corresponding investigations for the alleged attacks. 255. Mrs. Carla María Angola, in the affidavit, 242 and in the statement rendered before the 21º Prosecutor confirmed the version given by the Commission and she also declared that cameraman Richard López was beaten by people who were at the place243. In the statement rendered before the Prosecutor, Mrs. Angola declared that she did not see any police officer on site, but they were “down the streets, retiring”, where the Police of Baruta 239 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). 240 Cf. affidavit rendered by Jhonny Donato Ficarella Martin on April 8, 2008 (records of evidence, volume XXXIII, pages 8502-8507). 241 On March 1, 2004, a news team comprising Carla Angola and her cameraman and camera assistant went to the town of Baruta to cover a clash between a group of government supporters and an opposition group. Upon arriving, the cameraman began to film and, a few minutes later, he was surrounded by a group of individuals who wanted to keep him from doing his job. As the situation became violent, the camera assistant helped him escape and the three media workers ran toward their vehicle while a hail of objects fell onto it, damaging its bodywork.” 242 Cf. affidavit rendered by Mayela León Rodríguez on April 15, 2008 (records of evidence, volume XXXIII, pages 8774-8778). 243 Cf., transcript of interview with Carla Maria Angola Rodríguez of April 21, 2004 before the 21º Plenipotentiary Assistant Public Prosecutor Office (records of evidence, volume XXXII, page 8448-8449).