13
cameramen, assistants) in that special situation of relative vulnerability 19 inasmuch
as it exists only the possibility, which implies that it could or could not happened,
coupled with that pursuant to the Commission, most of the statements did not
constitute a violation of the Convention. In fact, it was mentioned in the judgment
that, even when it does not spring from the declarations that the unfortunate facts
that occurred have been attributed to the authorities, neither that the selfidentification with the editorial line of Globovisión was a conditio sine qua non lead
the petitioners to a situation of vulnerability, the State is necessarily held responsible
for the non-compliance with the obligation to guarantee the exercise of the right to
freely seek, receive and impart information and the right to personal liberty.
According to the theory of responsibility, the Court pointed out, in the judgment from
which I dissent, upon analyzing the influence the alleged victims had on the
incidents, that:
“62. The Court recalls that in the instant case, its role is to determine,
as an international court of human rights exercising its contentious
jurisdiction, the State's responsibility under the American Convention
for the alleged violations and not the responsibility of RCTV, or of its
managers, shareholders or employees, in relation to certain facts or
historical incidents that occurred in Venezuela, nor even their role or
performance as a social media. The Court does not determine the
rights of RCTV, in its capacity as company, corporation or legal entity.
Even if it is true that RCTV or its personnel has committed the acts
that the State understands they did, this does not provide a
justification for failing to comply with the State’s obligation to respect
and guarantee human rights. Dissent and different opinions or ideas
are consubstantial to the pluralism that must rule in a democratic
society.
The questioning regarding the causal link highlighted the need to examine the
participation of the victims in the occurrence of the incidents mentioned in the
judgment, in order not to try or condemn them, in view of the fact that this Court is
not competent to try the civilians of States Parties, but on the contrary, to determine
the existence of guilt of the State as well as to determine what lead to that situation
of relative vulnerability. It seems appropriate to emphasize that the State produced
evidence in this sense and the Court declared it was inadmissible.20
It does not spring from the State's arguments that the State was holding the alleged
victims responsible but, on the contrary, it was invalidating the ground for exemption
from liability. Unfortunately, the evidence produced to demonstrate this exemption
was not admitted, as has been mentioned; however, I believe that it was one of the
answers expected during the trial from the alleged victims or the State, within the
framework of the social harmony that should result from all judgment in a society or
a nation; therefore, there is no possibility to try this ground for exemption from
liability.
19
This concept was first introduced by the Advisory Opinion OC-18/03 of September 17, 2003. Juridical
Condition and Rights of the Undocumented Migrants and then judgments in the: Case of the “Maripirán
Massacre” V. Colombia. Judgment of September 15, 2005. Para. 174. Case of the Girls Yean and Bosico V.
Dominican Republic. Judgment of September 8, 2005
20
Cf. judgment in process (Order) of the President of the Court of March 18, 2008, para. 19 and 28
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