70
forth in this report. The State has also violated, to the detriment of the victims who are RCTV
335
shareholders, board members and employees
the rights enshrined in articles 8(1) and 25 of the
American Convention, together with the general obligations established in Article 1(1) of the treaty, in the
terms set forth in this report. Finally, the Commission finds that the violation of the right set forth in Article
21 of the Convention has not been proven.
VII.
RECOMMENDATIONS
223.
Based on the analysis done and conclusions reached in this report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS TO THE
VENEZUELAN STATE:
1.
Initiate proceedings to allocate a free-to-air nationwide television frequency in which
RCTV is able to participate, at a minimum, under conditions of equality. The process should be open,
independent and transparent, apply clear, objective and reasonable criteria, and avoid any political
consideration that discriminates on the basis of a media outlet’s editorial stance, in keeping with the
standards set forth in this report;
2.
Make reparations to the victims for the damages they sustained as a direct result of the
due process violations; and
3.
Adopt the measures necessary to guarantee that the process whereby radio and
television frequencies are granted and renewed comports with the Venezuelan State’s international
obligations vis-à-vis freedom of expression, as established in this report.
th
Done and signed in the city of Washington, D.C., on the 9 day of November, 2012. José de Jesús
Orozco Henríquez, President, Tracy Robinson, First Vice-President, Felipe González, Second VicePresident, Dinah Shelton, Rodrigo Escobar Gil (dissenting with regard to article 21), Rosa María Ortiz
(dissenting with regard to articles 13, 8 and 25), and Rose-Marie Antoine (dissenting with regard to article
24).
The undersigned, Emilio Álvarez Icaza L., in his capacity as Executive Secretary of the InterAmerican Commission on Human Rights and in conformity with article 49 of the Rules of Procedure of the
Commission, certifies that this is a faithful copy of the original deposited in the archives of the Secretariat
of the IACHR.
Emilio Álvarez Icaza L.
Executive Secretary
335
Marcel Granier, Peter Bottome, Jaime Nestares, Jean Nestares, Fernando Nestares, Alicia Phelps de Tovar, Francisco
J. Nestares, Edgardo Mosca, Anani Hernández, Inés Bacalao, José Simón Escalona, Eladio Lárez, Odila Rubin, Oswaldo Quintana,
Eduardo Sapene, Daniela Bergami, Isabel Valero, Miguel Ángel Rodríguez, Soraya Castellano, María Arriaga and Larissa Patiño.