17
.
not mean that any fact, event, or happening that affects the beneficiaries during the validity
of those measures may be automatically attributable to the State. It is necessary to assess
in each case the evidence offered and the circumstances in which that fact occurred, even
under the validity of the provisional protective measures.
60.
The factual framework of this case does not include an important part of the alleged
facts, assessment of facts, and contextual references presented by the parties and argued
as part of the same. Some of the issues argued by the representatives include controversies
that are pending resolution before the domestic authorities of Venezuela and could also be
considered part of other cases pending resolution both at a domestic or international level.
Those situations, assessments, and arguments presented by the parties regarding facts not
included in the factual framework, do not correspond to the controversy of the present case.
Therefore, the Court will not issue any specific ruling regarding them. They will only be
taken into consideration, in what is relevant, as arguments of the parties and as the context
of the disputed facts.
61.
The State argued that the private media hurls “constant attacks […] frequently,
against the immense majority […] of partisans and supporters of the government led by the
President of the Republic[, … who have] been frequently described [… with a] series of
expressions of a defamatory content, whose sole purpose is to humiliate, offend, and
degrade a group of people for supporting a government that has been legally created and
elected.” The State mentioned that “this series of insults and defamatory statements tend to
create and encourage feelings of rejection and repudiation to the task exercised by certain
[private] social communication media in the immense majority of people that support the
Venezuelan government who logically and with good reason, question the work carried out
by these means of communication within Venezuelan society, which results in stressful
situations that on certain opportunities may have as a consequence the generation of
unfortunate situations of violence […] from the sector of the population that is attacked, as
a consequence and direct responsibility of the actions and attitude assumed by some of the
media […], and by the feelings of rejection they generate with their activity.”
62.
The Court reiterates that its function is to determine, in exercise of its contentious
jurisdiction as an international human rights court, the State’s responsibility under the
American Convention for the alleged violations, and not the responsibility of RCTV or other
media, or its directors, shareholders, or employees for certain facts or historical events in
Venezuela, or its role or performance as a social communication firm. The Court does not
make any determination of the rights of RCTV, as a company, corporation, or legal entity.
Even if it were true that RCTV or its personnel have committed acts attributed to them by
the State, this would not justify the non-compliance of the state’s obligations to respect and
guarantee human rights.41 Disagreement and differences in opinions and ideas are
circumstantial to the pluralism that must exist in a democratic society.
63.
In their final written arguments, the representatives presented a series of arguments
regarding “the unacceptable retaliation against the [alleged] victims and the human rights
defenders of the present case,” in reference to expressions and statements of state agents
regarding the alleged victims and their representatives and some videos published by a
state channel. They argued its purpose was to “discourage and therefore frustrate the right
[of the alleged victims] to present petitions before the system’s bodies.” In this sense,
Article 44 of the Convention guarantees people the right to turn to the Inter-American
System; therefore, the effective exercise of that right implies that no other type of
retaliation can be exercised against them. The States shall guarantee, in compliance of their
Cf. ECHR, Ozgur Gundem v. Turkey, Judgment of March 16, 2000, Reports of Judgments and Decisions
2000-III, para. 45.
41