41
2002 and May 2005 by domestic courts, in which it was ordered protective measures in its
favor (infra para. 164, 167 and 168). Most of the specific incidents analyzed were reported
before state authorities; especially, before the Attorney General’s Office (infra para. 302305). from this it follows that state authorities were familiar with such situations.
144. The representatives alleged that “the attacks and insults against reporters and other
employees of Globovisión on the part of private individuals [… are] the direct result of their
verbal violence attacks", inasmuch as “it is not casual” that, after the violent verbal attack
made in such speeches, violent events occurred against the reporters and the premises a
the few days later”.99 They pointed out that organized groups of private individuals, who are
openly known as ‘organized groups of supporters of the ruling party’, identified as members
of state groups called "Bolivarian Circles" or even as ‘pure supporters that could not be
identified as state agents’, would have been “following guidelines consistent with the
messages broadcasted to the public from the highest spheres of power".
145. In such respect, the Court notes that in the Report on Merits, the Commission
considered that:
123.
Before analyzing the general parameters for the imposition of responsibility in relation to
the facts committed by private individuals, the Commission considers it is necessary to refer to
the arguments of the petitioners regarding the direct responsibility of the State for the incidents
caused by members of the Bolivarian Circles. The Commission notes that this argument was put
forward only in the initial petition, since in all the subsequent briefs, the petitioners made
reference, in general terms, to "the supporters of the government” in order to identify the
attackers. Besides, the evidence furnished does not suggest and it is even impossible to infer
from it, that some of the incidents of physical or verbal violence would have been effectively
committed by people who are officially registered with such entities. [...] Based on the foregoing,
the assessment on responsibility must be limited to acts committed by private individuals in
general terms.
146. In fact, in the application the Commission did not ascribe the State responsibility to
facts committed by people or groups that form part of the so-called "Bolivarian Circles".
Such circumstance falls, in principle, outside the factual framework of the instant case. Even
in the case that such fact alleged by the representatives supplements the arguments put
forward by the Commission, it must be observed that the representatives did not submit
any argument or evidence proving the importance as to the formation of such associations,
entities or groups of people, their functioning and above all, the ways in which they are
being supported, financed, led or, in some sort of way, associated with the government or
some state institution or entity. Even in the uncertain case that any of the facts so alleged
were ascribed to those groups or people linked with them, it would still be necessary to
tender specific evidence of such bond- and of the non-compliance with the state duties to
prevent and protect- in order to attribute the actions of such people to the State.
147. The representatives neither specified the effects that a relationship of “organized
people linked to the government” would have on such facts, nor did they define what they
understand by “groups of organized individuals who are openly known to be supporters or
followers of the Government" or "supporters of the ruling party". In fact, the State has used
similar terms in its defense and has neither specified who it is referring to (supra para. 73).
The Court notes that the mere “support” or character of “follower” or “supporter” of a
99
The
President of
victims have
between the
employees.
representatives presented a chart in which they point out, chronologically, the declarations of the
the Republic, on one side, and 19 of such facts consisting in alleged attacks to which the alleged
been subjected as a consequence of such speeches, on another side, in order to justify the causal link
facts and the speeches given and the subsequent violation of the humane treatment of Globovisión's
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