97
.
Area of Caracas358 and a certificate of July 5, 2003 issued by the 32° Public Prosecutors’
Office at a National Level and the 126° Public Prosecutors’ Office of the Metropolitan Area of
Caracas.359
392. From the mentioned certificate it can be concluded that, in effect, on July 5, 2003
there were State agents present at the “Los Mecedores” station, where there were
transmission antennas of several television stations. However, the drawing up of the official
document offered as evidence was requested by the legal consultant of the channel
“Globovisión”, based on the fact that this company was the beneficiary of a precautionary
measure that protected its real estate and other property, and that document proves that
the agents did not allow the installation of a microwave antenna, which resulted in
“Globovisión” not being able to broadcast live. That is, the official document does not refer
to facts occurred to RCTV or its personnel. It was based on what occurred at “Globovisión”
that RCTV’s proxies requested the mentioned sections of the Public Prosecutors’ Office that
the “content of the Precautionary Measures of Protection on the Transmission and
Retransmission Antennas of RCTV [ordered by a domestic court] be officially communicated
in writing to the General Commander of the National Guard so that he may immediately
make that protection effective.”360
393. The Court observes that even though the presence of the Army agents at the “Los
Mecedores” station, where there were RCTV transmission antennas, on that date was
proven, evidence proving that the signal of RCTV was intervened or that the mentioned
situation affected the rights of the alleged victims to receive and impart information, in the
terms of Article 13 of the Convention, was not presented.
*
*
*
394. In short, it has not been proven before the Court that the three official letters issued
by CONATEL regarding the content of a program transmitted by RCTV and the interventions
to their broadcasts constituted illegal and indirect restrictions to the right of the alleged
victims to seek, receive, and impart information, which would be considered a violation to
Articles 13(1) and 13(3) of the American Convention in their detriment.
X
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION) 361
395. It is a principle of international law that any violation of an international obligation
that has caused damage entails the obligation to repair it adequately. 362 That obligation is
358
Cf. brief presented on July 9, 2003 before the 2° and 74° Sections of the Public Prosecutors’ Office of the
Metropolitan Area of Caracas (dossier of evidence, volume IV, folios 966-975).
359
Cf. records of July 5, 2003 issued by the 32° Section of the National Public Prosecutors’ Office and the
126° Section of the Public Prosecutors’ Office of the Metropolitan Area of Caracas (dossier of evidence, volume IV,
folios 1084-1089).
360
Cf. brief presented on July 9, 2003 before the 2° and 74° Sections of the Public Prosecutors’ Office of the
Metropolitan Area of Caracas (dossier of evidence, volume IV, folios 966-975).
361
Article 63(1) of the Convention states that:
If the Court finds that there has been a violation of a right or freedom protected by this Convention, the
Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated.
It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the
breach of such right or freedom be remedied and that fair compensation be paid to the injured party.