73
was located244. Mr. Elvis Elier Flores Rivas mentioned that a police officer accompanied the
news team of Globovisión245. Mr. Richard López confirmed the above version246.
256. On March 1, 2004 the 21º Plenipotentiary Public Prosecutor ordered, ex officio, the
beginning of the investigation247 and several interviews were conducted with people in their
capacity as witnesses248. The State informed that on September 1, 2005 the Assistant Public
Prosecutor Office ordered the discontinuance without prejudice of the case based on the fact
that the forensic medical examination was not conducted on due time, the insufficient
information furnished and that it was impossible to obtain items of evidence using other
means249. According to the State, on November 4, 2005, such Prosecutor Office served
notice of the discontinuance on Carla María Angola, Kliever Flores Rivas and Richard Alexis
López Valles, as well as on the Legal Department of Globovisión. Considering that the State
admitted that no legal-medical examination was conducted, in spite of the fact that the
proceeding was initiated ex officio and that the State did not justify the reasons why such
examination was not conducted, this Tribunal finds that the State did not act with sufficient
diligence during the course of the investigation.
257. The Court notes that even though the testimonies are not clear as to the presence, in
that place, of a police officer that was accompanying the alleged victims, it is possible to
conclude that the facts constituted a hindrance to perform the jobs of the alleged victims in
a specific situation, on the part of the individuals.
*
*
*
258. The Commission argued that on May 29, 2004 a news team comprised of reporter
Martha Palma Troconis, cameraman Joshua Torres and his assistant, Victor Henríquez was
attacked and threatened, in the neighbor of La Lucha in Caracas while they were covering
the recall referendum signature verification process. Moreover, Mr. Torres was beaten in the
head with a pipe and the camera was snatched from him and that the reporter was also
beaten by the demonstrators, who pushed her to the ground250. The State mentioned that
244
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).
245
Cf., transcript of interview with Elvis Elier Flores Rivas of May 3, 2004 before the 21º Plenipotentiary
Assistant Public Prosecutor Office (records of evidence, volume XXXII, page 8450).
246
Cf., transcript of interview with Richard Alexis López Valle of May 3, 2004 before the 21º Plenipotentiary
Assistant Public Prosecutor Office (records of evidence, volume XXXII, page 8451).
247
Cf. Order to conduct an investigation issued by the 21º Plenipotentiary Public Prosecutor Office of March 1,
2004 (records of evidence, volume XXXII, page 8443).
248
Cf. transcript of interview with Carla María Angola Rodríguez of April 21, 2004 before the 21º
Plenipotentiary Assistant Public Prosecutor Office (records of evidence, volume XXXII, page 8448-8449) ; transcript
of interview with Elvis Elier Flores Rivas of May 3, 2004 before the 21º Plenipotentiary Assistant Public Prosecutor
Office (records of evidence, volume XXXII, pages 8450) and transcript of Interview with Richard Alexis López Valle
on May 3, 2004 before the 21º Plenipotentiary Assistant Public Prosecutor Office (records of evidence, volume
XXXII, pages 8451)
249
Cf. Discontinuance without prejudice of the case decreed by the 21º Plenipotentiary Assistant Public
Prosecutor Office on September 1, 2005 (records of evidence, volume XXXII, pages 8452-8453).
250
The Commission argued that on May 29, 2004 a news team comprised of reporter Martha Palma Troconis,
cameraman Joshua Torres and his assistant, Victor Henríquez was attacked and threatened, in the neighbor of La
Lucha in Caracas while they were covering the recall referendum signature verification process. Upon Cf.ing that a
team from the station was present, one female demonstrator approached the reporter and threatened to attack her
if they did not leave immediately. When the cameraman got out of the vehicle to try and film what was happening,
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