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).

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