28
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CONATEL. With the decision not to renew RCTV’s concession, announced in Communication No. 0425
of the MPPTI, RCTV’s signal was cut off at 00:00 on May 28, 2007. TVes began broadcasting its
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programming on channel 2 of the free-to-air television system. The petitioners presented evidence to
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show how the value of RCTV’s share capital had declined as a result of these events.
95.
On May 27, 2007, the concessions of four television stations expired, in addition to that of
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RCTV, and all four were renewed . Among them was Venevision, a private, broadcast television network
which operated in VHF, covered almost all of the national territory, and had an audience share very
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similar to that of RCTV .
F.
Remedies under domestic law
Petitions seeking constitutional amparo relief
96.
On February 9, 2007 a group of executives, journalists and other staff of RCTV filed a
petition with the Constitutional Chamber of the Supreme Court seeking amparo relief against the
President of the Republic and the Minister of the People’s Power for Telecommunications and
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Information, Jesse Chacón Escamillo, given the “imminent, immediate and very real threat” that their
rights to freedom of expression, to due process and to equal protection and non-discrimination would be
violated. The petition was classified as Case No. 07-0197. The parties filing the petition underscored the
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The evidence supplied shows that in addition to the assets named in the injunctions, other assets not included in the
injunctions issued on May 25, 2007, were also seized. Annex 64, Supreme Court of Justice, Constitutional Chamber, Case No. 070720, Decision No. 956 of April 25, 2007, Communication from the petitioners received on February 18, 2010, Attachment 78.
Annex 65, Supreme Court of Justice, Constitutional Chamber, Case No. 07-0731, Decision No. 957 of April 25, 2007,
Communication from the petitioners received on February 18, 2010, Attachment 78. Examples of assets not itemized in the
injunctions but nonetheless seized include, in the case of Cerro Copey-Carabobo, one bed with mattress, three lockers, three desks,
one refrigerator, one electric stove with four plates, one water cooler. Annex 66, Record of Execution of Supreme Court Judgment
and Inventories of Assets, Communication from the petitioners received on February 18, 2010, Attachment 79, Cerro CopeyCarabobo, by Tarssus Bautista Sánchez, Attachment 79 of the petitioners’ communication of February 18, 2010. At Alta VistaPuerto Ordaz, the following were seized: one water cooler, one refrigerator, one stove, one vacuum cleaner, 1 set of tools
(screwdrivers, hammers, paint brushes, etc.), one flashlight, one desk, five lockers, two filing cabinets, two sets of blinds, one chair,
one blackboard, etc. Annex 67, Record of Execution of Supreme Court Judgment and Inventories of Assets, Alta Vista PuertoOrdaz, by Ricardo Soler, May 27, 2007, Communication from the petitioners received on February 18, 2010, Attachment 79. In
Guigüe-Carabobo, the following were seized: one vacuum cleaner, one set of tools (hammers, screwdrivers, wire cutters, etc.),
three shelves, etc. Annex 68, Record of Execution of Supreme Court Judgment and Inventories of Assets, Guigüe-Carabobo, by
Francisco Seijas, May 27, 2007, Attachment 79 of the petitioners’ communication of February 18, 2010. In Ciudad Bolívar, the
following were seized: one blender, one couchette, one dinette, one set of tools. Annex 69, Record of Execution of the Supreme
Court Judgment and Inventories of Assets, Ciudad Bolívar, by Gerardo Mantilla, May 27, 2007, Attachment 79 of the petitioners’
communication of February 18, 2010.
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Annex 70, CONATEL, Record of the Inspection of free-to-air VHF Radio Caracas Televisión, done on May 27 and 28,
2007, Communication from the petitioners received on February 18, 2010, Attachment 79, photographs attached.
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On March 22, 2010, the petitioners presented a report on the “Economic effect of the silencing of RCTV’s free-to-air
television signal.” Annex 71, Report on the “Economic Effect of the Silencing of RCTV’s free-to-air television signal. Communication
from the petitioners received on March 22, 2010, Attachment. This report concludes that “the financial losses that RCTV sustained
as a result of the non-renewal of its concession amount to $1,042,508,.988”.
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Ministry of Popular Power for Comunication and Information. “Conatel renews licenses that expire on May 27”, May 26,
2007, available at: http://www.minci.gob.ve/a_r_r/1/13981/conatel_procesa_renovacion.html. Annex 72, State’s communication
received December 4, 2011.
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Annex 1, Petitioners’ Communication of February 18, 2010, pp. 194-97. Facts not contested by the State. See also
information
on
Venevision
at:
http://www.venevision.com/el_canal/?utm_source=Home_Venevision&utm_medium=Barra_Navegacion&utm_campaign=El_Canal,
as well as information from AGB Nielsen regarding audience shares for 2006, indicating a national share of 28% for RCTV and a
share of 27% for Venevision. Available at: http://www.agbnielsen.com.ve/libro2006/share/1.htm.
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Annex 73, Petition of Amparo filed with the Constitutional Chamber of the Supreme Court on February 9, 2007.
Communication from the petitioners received on February 18, 2010, Attachment 107. Among those filing the petition was RCTV,
representing its shareholders, as well as the following alleged victims: Marcel Granier, Daniela Bergami, Edgardo Mosca, Anani
Hernández, Inés Bacalao, José Simón Escalona, Isabel Valero, Odila Rubin, Oswaldo Quintana, Eduardo Sapene, Miguel Ángel
Rodríguez, Soraya Castellano, María Arriaga and Larissa Patiño