49
.
179. However, in another statement offered by the Commission, unlike in the previously
mentioned statements, Mrs. Ríos did not mention that the captain referred to her personal
information, but instead she said she had concluded that based on the fact that the
individual worked at the Intelligence Department of Miraflores, where, she stated, her life
history can be found, including information on her and her family. In this statement Mrs.
Ríos referred to her attempt to complain to the captain’s superior: she indicated that she
spoke with the head of security of the Palace of Miraflores, who told her that in fact that was
not a policy of the officials of the Military House and he recommended “she place the
complaint in the press.” The Court also takes into account that in a video offered by the
Commission the alleged victim can be observed complaining to another person regarding
these facts.153
180. The representatives stated that on April 18, 2002 the verbal attacks were denounced
and two days later the summons of the alleged attacker was requested. The 50° Public
Prosecutors’ Office at a National Level with Full Competence joined this case with the others
in which the journalist Luisiana Ríos was allegedly also a victim. On January 18, 2006, the
Public Prosecutors’ Office requested the dismissal of the complaint regarding this fact, 154
and on February 21, 2006 the 50° Court of Control Tasks of the Metropolitan Area of
Caracas ordered the dismissal of the case because the criminal action had expired. 155 It has
been verified that there was unjustified procedural inactivity in this investigation for more
than three years and a half (infra para. 318).
181. The Court considers that sufficient evidentiary elements have not been provided for
it to verify that Luisiana Ríos was verbally attacked or intimidated by a soldier in the
circumstances described.
*
*
*
182. The Commission argued that on April 19, 2002 the cameraman Argenis Uribe was
beaten and verbally attacked upon identifying himself as part of the personnel of the RCTV
television station, when he was detained by personnel of the Brigade of Vigilantes of
Expressways (VIVEX) of the Ministry of Infrastructure. The representatives mentioned that
he was verbally attacked when he was detained because of a traffic violation.
183. The representatives indicated that this fact was denounced on April 19, 2002 before
the 2 and 74 Sections of the Public Prosecutors’ Office, because of the physical and verbal
attacks against Mr. Uribe.156 Even though the representatives stated that the 50 Public
Prosecutors’ Office had requested the dismissal of the case, which had been ordered on
October 10, 2007 by the 32° First Instance Court of Control Tasks of the Metropolitan Area
of Caracas, based on the expiration of the criminal action,157 the State informed that the
153
Cf. video labeled Luisiana Ríos (appendix 32 to the brief of pleadings, motions, and evidence).
154
Cf. Request for discontinuance and dismissal by the 50° National Public Prosecutors’ Office with Full
Jurisdiction of January 18, 2006 (dossier of evidence, volume XXVII, folios 9450-9468).
155
Cf. Order of discontinuance of the 50° First Instance Criminal Court in Duty Controls of the Criminal
Judicial Circuit of the Judicial District of the Metropolitan Area of Caracas on February 21, 2006 (dossier of
evidence, volume XXVII, folios 9470-9476).
156
According to the representatives it was not possible to obtain a copy of the complaint despite the fact that
it was requested to the Public Prosecutors’ Office.
157
Cf. final arguments of the representatives (dossier of evidence, volume VIII, folio 2494).