14
68.
The main objective of RCTV as a business is “to engage in commercial activities related
11
to the radio and television industry,” as well as other activities.
Its principal organ is the General
Assembly of Shareholders, which is endowed with broad authorities to direct and manage the corporate
12
business. According to the petitioners, in an argument undisputed by the State, on May 27, 2007, the
date on which the channel stopped broadcasting and the use of its property was turned over to the State,
the following persons, alleged victims in the present case, were shareholders of the company: Marcel
Granier, Peter Bottome, Jaime Nestares, Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar and
13
Francisco J. Nestares.
69.
RCTV also has a Board of Directors appointed by the General Assembly of
Shareholders. The Board of Directors is in charge of running the company and its functions include that of
14
establishing the communications policy for the media outlets under its control. Every year, the General
Assembly of Shareholders examines and, if appropriate, “approves the Report of the Board of Directors
15
on the corporate activities during the last fiscal period.” At the time of the events in this case, the
following shareholders were on the Board of Directors: Marcel Granier, Chairman; Peter Bottome, Vice
16
Chairman, and Jaime Nestares, one of the Board members. In their capacities as directors and
shareholders, Marcel Granier, Peter Bottome and Jaime Nestares participated in the ordinary meetings of
17
the General Assembly of Shareholders in 2000, 2001, 2002, 2003, 2004, 2006, 2007 y 2008.
70.
Finally, RCTV had the following executives and journalists (hereinafter, “employees“),
who are among the alleged victims in the present case:
a)
Eladio Lárez, Executive President, whose functions included that of ensuring implementation of the
18
media policy established by the Board of Directors;
11
Annex 3, Minutes of the Special General Assembly of Shareholders of RCTV C.A., August 4, 2006, Articles of
Incorporation and Statutes, Article 3, Original petition received from the petitioners on March 1, 2007, Attachment A-1.
12
Annex 3, Minutes of the Special General Assembly of Shareholders of RCTV C.A., August 4, 2006, Articles of
Incorporation and Statutes, Article 3, Original petition received from the petitioners on March 1, 2007, Attachment A-1.
13
Annex 4-13, Minutes of the General Assemblies of Shareholders of RCTV, March 23, 1998, March 10, 1999, March 16,
2000, March 12, 2001, March 11, 2002, March 17, 2003, March 15, 2004, December 11, 2006, March 19, 2007, and March 10,
2008. Attachments 2, 3, 4, 5, 6, 7, 8, 10, 11 and 12 of the petitioners’ communication received on August 5, 2011. Annex 14, Articles
of Incorporation of the companies S.A. Guaiti, Radio Caracas Televisión RCTV C.A., Alcatracia S.A., Bemana C.A., and YAVI S.A.,
Communication from the petitioners received on February 18, 2010, Attachments 1 to 13. Communication of the petitioners received
on March 22, 2010 and Annexes. Annex **, Certifications of ownership of RCTV shares, Attachment 1 to the petitioners’
communication, received on August 5, 2011.
14
Annex 3, Minutes of the Special General Assembly of Shareholders of RCTV C.A., August 4, 2006, Original petition
received from the petitioners on March 1, 2007, Attachment A-1, Articles of Incorporation and Statutes of RCTV, Article 27(5).
15
Annex 4-13, Communication from the petitioners received on August 1, 2011, Unnumbered attachments, Minutes of the
General Assemblies of Shareholders of RCTV, dated March 23, 1998; March 10, 1999; March 16, 2000; March 12, 2001; March 11,
2002; March 17, 2003; March 15, 2004; March 21, 2005; December 11, 2006; March 19, 2007, and March 10, 2008.
16
Annex 3, Minutes of the Special General Assembly of Shareholders of RCTV C.A., August 4, 2006, Original petition
received from the petitioners on March 1, 2007, Attachment A-1, Articles of Incorporation and Statutes of RCTV, Article 43.
17
Annex 4-13, Minutes of the General Assemblies of Shareholders of RCTV, March 23, 1998, March 10, 1999, March 16,
2000, March 12, 2001, March 11, 2002, March 17, 2003, March 15, 2004, December 11, 2006, March 19, 2007, and March 10,
2008. Attachments 2, 3, 4, 5, 6, 7, 8, 10, 11 and 12 of the petitioners’ communication received on August 5, 2011.
18
Although his name does not appear on the list of executives issued by RCTV on February 27, 2007, the petitioners did
list Eladio Lárez among the alleged victims and listed him as an executive in the original administrative-law petition filed on April 17,
2007 seeking nullification, and the certification of employment that RCTV issued on July 29, 2011. Annex 16, Administrative-law
Petition for Nullification, filed with the Political-Administrative Chamber of the Supreme Court on April 17, 2007, Communication from
the petitioners received on February 18, 2010, Attachment 110. Annex 3, Minutes of the Special General Assembly of Shareholders
of RCTV C.A., August 4, 2006, Original petition received from the petitioners on March 1, 2007, Attachment A-1, Articles of
Incorporation and Statutes of RCTV, Article 27(5). Annex 17, Certification of Employment of the Executives of RCTV, issued by the
Office of the Vice President for Human Resources on February 27, 2007, Original petition received from the petitioners on March 1,
2007, Attachment A-2. Annex 15, Certification of positions and activities approved by RCTV’s Board of Directors on July 29, 2011,
Communication from the petitioners received on August 5, 2011, Attachment 1.