68
.
to determine the value of the damages it presents. 278 Similarly, seven witnesses were
summoned and interviewed, the practice of a survey and a ballistic trajectory was requested
to the Body of Scientific and Criminal Investigations; a report was requested from the Body
of Metropolitan Firemen regarding its actions at the event that occurred at the headquarters
of RCTV and a technical inspection was performed at the site of the event in order to spread
upon the record the characteristics of that location, with the case being in its Preliminary
Phase.279 According to the State, the 32° Section of the Public Prosecutors’ Office of the
Metropolitan Area of Caracas ordered the Prosecutorial Filing of the investigation, even
though on July 17, 2008 the Public Prosecutors’ Office had agreed to reopen the mentioned
case, reason for which the investigation would still be in the preparation phase. 280
264. The Tribunal considers that based on the elements available in the case file it is not
possible to prove the alleged attacks on Mr. Pernía. Instead, it is possible to consider as
proven the attack of individuals against the installations of RCTV and the hindrances other
incidents could hav caused on the alleged victims’ tasks.
*
*
*
265. From the analysis of the alleged facts, the Court concludes that the alleged violation
to the right to humane treatment of the alleged victims due to actions of its agents was not
proven. On the other hand, in five of the facts proven it has been verified that people or
groups of undetermined individuals caused damage to the physical integrity of and hindered
the exercise of the journalistic tasks of Antonio José Monroy, Armando Amaya, Carlos
Colmenares, and Isabel Cristina Mavarez Marin. Additionally, in 10 of the facts proven it has
been verified that people or group of undetermined individuals hindered the exercise of the
journalistic activities of David José Pérez Hansen, Erika Paz, Isnardo José Bravo, Javier
García Flores, Luis Augusto Contreras Alvarado, Luisiana Ríos Paiva, Noé Pernía, Pedro
Antonio Nikken García, Samuel Sotomayor, Wilmer Marcano, and Winston Francisco
Gutiérrez Bastardo
B.ii
Mental and moral integrity of the alleged victims
266. The representatives requested that the Court, based on the statements of the
alleged victims and the expert opinion of the clinical psychologist Magdalena López de
Ibáñez, declare that the State violated the right to humane treatment, “in its mental
dimension”, in detriment of the alleged victims, represented by them, as a consequences of
the mentioned speeches of high officials, as well as of “the concretion and repetition during
[…] the years 2001 through 2004 of [a group of] acts of physical violence, threats to their
lives and their physical integrity,” which caused a situation of nervousness and stress to the
entire RCTV team and, specifically, to the alleged victims.
267.
The Commission did not present arguments in this sense.
268. The State mentioned that the alleged violations to mental integrity were not included
in the application and that the alleged victims are seeking to create evidence in their favor,
since the statements themselves of the alleged victims cannot be considered evidence of
278
Cf. final arguments of the state (dossier of evidence, volume VIII, folios 2694-2699).
279
Cf. report n˚DFGR-DVFGR-DGAP-DPDF-16-PRO-66-6584 of September 7, 2007 (dossier of evidence,
volume X, appendix A.5 to the response to the application, folios 3471-3742).
280
Cfr report n˚DFGR-VFGR-DGAP-DPDF-08-PRO-66-10603-08 of October 23, 2008 (dossier of evidence,
volume XXVI, folio 9248).