59
202. Taking into account the evidence on record and the statements made by the parties,
the Court consider as proven that a tear-gas canister was thrown by unidentified people in
the circumstances previously mentioned178. Even though this fact was reported,
approximately, two years after the incident179, there is no evidence that an investigation has
been conducted (infra para. 302, 318).
*
*
*
203. The Commission pointed out that on September 4, 2002 Mrs. Aymara Lorenzo and
Mr. Carlos Arroyo and Félix Padilla were verbally attacked, that their equipment was stolen
while they were covering a demonstration and the police officer, who was on site, did not
intervene to help them180.
204. The State mentioned that the complaint for alleged verbal attack was lodged six
months after the incident and that neither of the state agents had participated in such facts.
The State alleged that the type or intensity of the injuries allegedly suffered by Mr. Carlos
José Arroyo Flores could not be determined, given the fact that at that moment, he did not
go to a health center for a check-up. Furthermore, the State informed that on September
2007, the 50º Public Prosecutor Office conducted an interview with Mr. Arroyo Flores and
Mrs. Lorenzo Ferrigni. In such regard, this Tribunal notes that the State has not furnished
evidence to prove that such procedures for taking evidence have been followed. Besides,
the Court notes an unwarranted procedural delay on the part of the Attorney General's
Office given the fact that the first proceeding was carried out more than four years after the
opening of the investigation.
205. The Court notes that, apart from the statements rendered by the alleged victims 181
and a video edited and broadcasted by Globovisión itself,182 no evidence was furnished in
178
According to the statements, the people that were at that moment at the headquarters of Globovisión,
Claudia Rojas Zea and José Natera, agreed on the fact that such incident did in fact occur. Cf. Request for
justification of June 17, 2003 presented before the 20º Municipal Court of the Judicial District of Caracas
Metropolitan Area, containing the statements of Claudia Rojas Zea and José Natera (Record of evidence, volume
IV, p. 907-908).
179
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).
180
The Commission alleged in the application that “ On September 4, 2002, while reporter Aymara Lorenzo,
cameraman Carlos Arroyo, and their assistant Félix Padilla were covering a demonstration, some of the protesters
shouted at them and tried to take away their reporting equipment. One woman, identified in the video, stole
Lorenzo’s microphone and headphones; the journalist then approached one of the Military Police officers who were
there, told him what was happening, explaining that they “were surrounded,” and requesting protection for the
entire Globovisión team; the officer did not, however, intervene”.
181
Cf. Request for justification of June 17, 2003, filed with the 20º Municipal Court of Caracas Metropolitan
Area containing the declaration of Felix Padilla Geromes, Carlos Arroyos and Aymara Anahí Lorenzo Ferrigni
(records of evidence, volume IV, page 898, 911 and 909-910).
182
The video shows several individuals and a voice, it seems the voice of the reporter of Globovisión, saying
“the people you see in the screen were […] who grabbed and took away the microphone and now is insulting my
assistant” and then, it shows people struggling with the cameraman. Next, the video shows people arguing.
Immediately after that, there appears in the screen, the reporter of Globovisión next to officers of the police,
wearing a military green uniform and a ribbon with the initials “MP”, to whom she says “I would like protection for
us since they are attacking us, Commander Martínez”. At that moment, a person approaches the reporter, wearing
a while shirt, and starts talking to the reporter but she continues saying "they are attacking us, harassing us, we
would like protection from the officers of the Military Police, the news team of Globovisión, as you can see we are
surrounded, they have tried to hit me twice, they took away the headphone”. After this scene, the video shows for
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