23
.
o)
Eduardo Ulibarri Bilbao, expert proposed by the representatives; he is a
journalist. He testified, inter alia, regarding international standards relevant for
freedom of expression and the exercise of journalism, as well as its application to the
facts denounced in the present case.
p)
Magadalena López de Ibáñez, expert proposed by the representatives; she is
a clinical psychologist. She testified, inter alia, regarding the psychological and
psychosomatic effects, as well as the bio-psychological damages experimented by
the journalists, cameramen, camera assistants, and directors of RCTV, all alleged
victims in this case.
q)
Pedro Berrizbeitia Maldonado, expert proposed by the representatives; he is
an attorney-at-law and professor of Criminal Procedural Law. He testified, inter alia,
regarding the role of the Public Prosecutors’ Office in the Venezuelan criminal
process, the role of the victim in the investigations and the proceedings for crimes of
public action, the duration of a criminal investigation, and the ways to initiate a
criminal proceeding in Venezuela.
80.
With regard to the evidence offered in the public hearing, the Court heard the
statements of the following people:
a)
Carlos Colmenares, alleged victim and witness proposed by the Commission;
he was a cameraman at RCTV. He testified, inter alia, regarding alleged facts
occurred on August 19, 2003 and March 3, 2004, where he was injured, as well as
with regard to another attack that occurred while he was covering a protest at Chuao
and the investigation of those facts. Similarly, he described the consequences they
have had on his personal life and the exercise of his profession.
b)
Antonio José Monroy Clemente, alleged victim and witness proposed by the
representatives; he is a cameraman at RCTV He testified, inter alia, regarding the
attacks suffered by him and his reportorial team while covering the news on July 31st
and August 15, 2002 at the Supreme Court of Justice, the investigation of those
facts, and the consequences they have had on his personal life and the exercise of
his profession.
c)
Andrés Izarra, witness proposed by the State; he is a television producer who
worked at RCTV and is currently the Minister of Telecommunication of Venezuela and
Director of the state’s station Telesur. He testified inter alia, regarding the
participation of the alleged victims, as shareholders, directors, journalists, and
employees of RCTV, within the context of the facts of the present case.
B)
ASSESSMENT OF THE EVIDENCE
81.
In this case, as in others,46 the Tribunal admits the evidentiary value of the
documents presented by the parties in a timely manner that were not contested or
objected, and whose authenticity was not questioned.
82.
Along with their brief of pleadings, motions, and evidence, the representatives
forwarded, in appendix number 31, statements of eleven alleged victims in simple copies,
which were transmitted to the State in a timely manner. Later, on December 17, 2007 the
Cf. Case of Velásquez Rodríguez. Merits, supra note 38, para. 140; Case of Valle Jaramillo et al. V.
Colombia, supra note 29, para 53, and Case of Bayarri V. Argentina, supra note 38. Judgment of October 30, 2008.
Series C No. 187, para. 35.
46