53
.
received.177 In the video presented by the representatives only the damages caused to the
vehicles belonging to RCTV are observed.178
199. On August 14, 2002 this fact was denounced before the 2 and 74 Sections of the
Public Prosecutors’ Office for involving attacks against the team of the program “El
Observador” on that day.179 The State informed that on July 28, 2008 the 32° Public
Prosecutors’ Office of the Metropolitan Area of Caracas requested the dismissal of the
complaint because it referred to facts constituting crimes that can only be prosecuted in a
private suit and with regard to which the corresponding decision is still being awaited up to
this date.180 Since the State did not inform of any other diligences performed, this Court
observed that there was unjustified procedural inactivity in this investigation for more than
six years (infra para. 318).
200. This Tribunal considers that sufficient evidence has not been provided in order to
consider the alleged verbal attacks against the alleged victims as proven. The fact that
unidentified individuals damaged the vehicles belonging to RCTV was not contested.
*
*
*
201. The Commission indicated that on August 13, 2002 the journalist Laura Castellanos
was verbally attacked while covering the parliament session at the National Assembly. 181
202. The Court observes that Mrs. Castellanos, in one of her statements mentioned she
was attacked by a woman.182 In that same statement she refers to an attack by two
women, while in the other briefs and specifically in the complaint regarding the facts,
reference as made to “struggles” with a single person. 183 In the video presented by the
representatives only one person interviewed by several media firms is observed and none of
the attacks described is verified.184
203. On August 21, 2002 the proxies of RCTV denounced the attacks before the 2° Fiscal
of the Public Prosecutors’ Office.185 On May 24, 2004 the 68° Section of the Public
177
Cf. statement of Isnardo Bravo (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folios 3127-3128).
178
In the video offered a RCTV van can be seen with smoke coming out of it and firemen trying to control the
fire with a fire extinguisher. The commentator states that what started the fire in the van was a Molotov bomb.
Two white vans painted with red spray on their right sides can also be seen. The date of the recording cannot be
seen. The commentator adds that they are in front of the court. Cf. video titled “Attacks against properties of
RCTV” (appendix 35 to the brief of pleadings, motions, and evidence).
179
Cf. Complaint of August 14, 2002 (dossier of evidence, volume IV, folios 943-951).
180
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folios 9241-9242).
181
The Commission argued in its application that on “August 13, 2002 the reporter Laura Castellanos was
verbally attacked by supports of President Chávez, members of a partisan party of the ruling party, while covering
the parliamentary session of the National Assembly. The attackers were trying to prevent her from carrying out her
professional duties.”
182
Cf. statement of Laura Castellanos (dossier of evidence, volume VIII, appendix 31 to the brief of
pleadings, motions, and evidence, folios 3137-3140).
183
Cf. complaint dated August 20, 2002 filed the following day before the Public Prosecutors’ Office (dossier
of evidence, voume IV, folios 953-958 and volume IX, folios 3610-3615).
184
Cf. video titled “Laura Castellanos" (appendix 36 to the brief of motions, pleadings, and evidence).
185
Cf. complaint dated August 20, 2002 filed the following day before the Public Prosecutors’ Office (dossier
of evidence, voume IV, folios 953-958 and volume IX, folios 3610-3615).