68 238. Regarding this fact, the Commission only tendered as evidence a brief submitted to the 68º Public Prosecutor Office of Caracas Metropolitan Area216. However, there is no evidence proving that an investigation has been conducted (infra para. 302 and 318). 239. However, the State made no reference to this incident; therefore, it is possible to consider it as a true, non-disputed fact and deem that such attack by private individuals constituted a way of preventing Mr. Joshua Torres and Zullivan Peña from doing their jobs. Furthermore, the Court notes that it spring from the same narration of facts that the police helped the alleged victims. * * * 240. The Commission alleged that on February 19, 2004, reporter Jesús Rivero Bertorelli and Mr. Efraín Henríquez and Carlos Tovar, were insulted and received death threats. In order to get out of the place where they were, they requested protection to a group of the National Guard, who initially refused to escort them but finally agreed to their request and accompanied them to their vehicle217. The State only mentioned that, as a consequence of the complaint lodged218, several investigations have been conducted and that on March 16, 2006 it was ordered the discontinuance without prejudice of the case219, but it has not furnished a copy of such complaint; therefore it is impossible for the Court to verify whether the State has conducted an investigation with due diligence. 241. The Court notes that the evidence furnished is not ample or sufficient to consider this fact proven. Furthermore, it spring from the circumstances of the fact narrated, according to the allegations of the parties, that the alleged victims were protected by a contingent of the National Guard. * * * Avenida Urdaneta in central Caracas, on their way to Plaza Bolívar to cover a rally of the Movement toward Socialism political party. The cameraman began to film an attack on a passer-by and, when the individual in question noticed, he and other people began to beat the Globovisión vehicle with pipes and stones. The Globovisión workers heard gun shots, with which one of the vehicle’s tires deflated and the vehicle’s rear right-hand mudguard suffered an impact. They also broke the passenger-side window and dented the roof and driver’s door. The Globovisión team managed to stop far away from where their assailants were, under the protection of the Metropolitan Police. 216 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). 217 The Commission alleged in the application that, “On February 19, 2004, a Globovisión news team comprising reporter Jesús Rivero Bertorelli, Efraín Henríquez, and Carlos Tovar was at the Labor Ministry, covering a demonstration during which a member of the Worker Justice Organization was injured. As the Globovisión workers were filming the attack, they began to receive insults and death threats. To escape the area, the Globovisión team sought protection from a National Guard contingent that was on site. The guards initially refused to escort them, but they finally agreed and accompanied them to their vehicle”. 218 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). 219 Cf. Report Nº 40631 of June 19, 2006 (records of evidence, volume XX, appendix A7.8, page 5259) and Report Nº 55301 of August 15, 2006 (records of evidence, volume XX, appendix A7.9, page 5264).