2

Accordingly, the Commission concluded that the decision not to renew the license was a
clear act of deviation of power and an indirect restriction incompatible with Articles 13(1) and 13(3)
of the Convention.
The Commission also considered that the motive for not renewing the license was the
network’s political opinions, a conclusion strengthened by the different treatment that RCTV
received in comparison with another network whose circumstances related to the concession were
the same. The IACHR closely scrutinized the difference in treatment for political reasons and
concluded that the State was unable to justify its actions and, therefore, also committed a violation
of the right to equality and freedom from discrimination.
Finally, the administrative and judicial proceedings connected with this case failed to meet
the provisions contained in Articles 8 and 25 of the Convention. Thus, the Commission concluded
that the procedure by which it was decided not to renew the license violated administrative due
process, while the petitions for amparo and injunctive relief were not dealt with as promptly as they
should have been and, consequently, were not an effective remedy for addressing the violation of
the right to freedom of expression. The Commission also found that the motion to vacate in the
contentious administrative proceeding was not disposed of in a reasonable time and that in the
proceedings for the attachment of assets the right to present a defense was violated. The IACHR
also concluded that the delay in resolving an objection presented by RCTV to the precautionary
attachment of assets violated the right to judicial protection and, in general, that in these
proceedings, the Supreme Court of Justice used formally valid procedures to accomplish the
objectives of the executive branch, which constituted a violation of the right to a hearing by an
impartial tribunal.
The State ratified the American Convention on Human Rights on August 9, 1977, and
acceded to the contentious jurisdiction of the Court on June 24, 1981.
The Commission has designated Commissioner Felipe González; the Special Rapporteur for
Freedom of Expression, Catalina Botero; and the Executive Secretary of the IACHR, Emilio Álvarez
Icaza, as its delegates. In addition, Elizabeth Abi-Mershed, Assistant Executive Secretary, and Silvia
Serrano Guzmán, a lawyer with the Executive Secretariat of the IACHR will serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission encloses herewith a copy of report 112/12, prepared under Article 50 of the
Convention, together with a copy of the complete record of the case before the Inter-American
Commission (Appendix I) and the documents used in the preparation of report 112/12 (Annexes).
The State of Venezuela was notified of the above report on merits in a communication of November
28, 2012, in which it was given two months to provide information on its implementation of the
recommendations.
On January 18, 2013, the State of Venezuela presented a brief in which it said that "it [was]
prevented by its Constitution from implementing the three recommendations" of the IACHR.
With respect to the recommendation “to 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 state cited the applicable regulator three framework and in respect of

Select target paragraph3