60
.
225. The Court considers that based on the body of evidence it is possible to have as
proven that some individuals hindered the journalistic activity of the reporter Erika Paz and
the cameraman Samuel Sotomayor, although it has not been proven that the physical
integrity of either of them was affected.
*
*
*
226. The Commission held that other journalists suffered verbal attacks on several
occasions, for example, on December 8, 2002 in detriment of Anahís Cruz and Herbigio
Henríquez.231
227. Regarding the alleged verbal attacks against Anahís Cruz and Herbigio Henríquez,
there is only the sworn statement of Mrs. Cruz, in which she mentions that individuals
identified as members of the so-called “Bolivarian Circles” insulted and threatened them,
and that “different police bodies and from the National Guard [did] nothing to stop the
attacks.”232
228. Regarding these facts, the State indicated that several actions were carried out, 233
among others, interviews to witnesses and a visual inspection. It mentioned that on October
21, 2008 the 9° Section of the Public Prosecutors’ Office of the Judicial District of the State
of Aragua had required the discontinuance of the case, by virtue of the lack of a criminal
definition of the facts object of investigation and they would wait for the judicial ruling.234
229. The Court considers that sufficient elements have not been provided to consider the
alleged fact as proven, or any other evidence that verifies the statement of the alleged
victim.
*
*
*
230. The Commission argued that on January 27, 2003 Mrs. Anahís Cruz suffered a verbal
attack at a press conference by an Army Division General at the headquarters of the
Paramaconi Barracks in Maracay, State of Aragua, who ordered that the mentioned
journalist be taken out of the press conference and her entrance be prevented since “he did
not offer statements to rebels.” The State, on its part, argued that the journalist Anahís
Cruz was never removed from the press conference nor was she prevented from entering;
that the statement of Mrs. Cruz is full of contradictions, imprecisions, referential accounts,
and opinions, which do not permit her statements to be credible.
231. The statements of Mrs. Cruz coincide with the version of the facts offered by the
Commission.235 In the video presented by the representatives, an interview with a high-
231
The Commission argued in its application that, “on December 8, 2002 when Anahís Cruz and Herbigio
Henríquez were verbally attacked by individuals while they were covering a strike at the transportation company
‘Tomas Quiara’”.
232
Cf. statement offered by Anahís del Carmen Cruz Finol before notary public (affidavit) on June 27, 2008
(dossier of evidence, volume XVIII, folios 5671-5677).
233
234
Cf. final arguments of the State (dossier of merits, volume VIII, folios 2690-2691).
Cf. Report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9246).
235
Cf. statement of Anahís Cruz (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folios 3130-3135) and statement offered by Anahís del Carmen Cruz Finol before notary
public (affidavit) on June 27, 2008 (dossier of evidence, volume XVIII, folios 5671-5677).