3
by the National Guard while she was covering a demonstration by the
opposition to the Government in Valencia.
That same day, during a
demonstration by opponents of the government in Caracas, a military
policeman shot a tear gas bomb at Johnny Ficarella, a journalist for
Globovisión;
o)
on May 9, 2004, during transmission of the “Aló Presidente” program,
the President of Venezuela stated that “the owners of the private media […]
Venevisión, Globovisión, Radio Caracas Televisión[,…]El Nacional [and…]el
Universal […] [we]re involved with terrorism and destabilization, and [were]
enemies of the people of Venezuela.” In this regard, he stated that said media
had declared war on the “Venezuelan people, on the Constitution, […] on the
government, […] on the [a]rmed [f]orces, […] on the Venezuelan people
[and] on the institutions;”
p)
on May 19, 2004 a tear gas bomb was shot against the team in charge
of Globovisión’s program “Primera Página”, during its broadcast, which led to
interruption of the broadcast. The smoke affected the director of the program
and the audio operator, and even affected children and patients who were at
a clinic in the area; and
q)
on May 29, 2004 two teams of Globovisión journalists were attacked
by government supporters while they were covering, in various parts of
Caracas, a “process of gathering signatures for the request for a Presidential
recall referendum” in the Republic.
3.
In view of all the above, the Commission asked the Court to order the State
of Venezuela to:
a.
Adopt such measures as may be necessary to protect the lives, safety, and
freedom of expression of the journalists, management, and other employees of
Globovisión who are in the facilities of the Globovisión broadcasting firm or who are
associated with the journalistic operation of said broadcaster.
b.
Adopt such measures as may be necessary to protect the perimeter of the main
office of Globovisión channel.
c.
Arrange participation of the beneficiaries of the measures of protection or their
representatives in the planning and implementation of the measures of protection so as
to ensure their effectiveness and pertinence.
d.
[…I]nvestigate the facts that gave rise to the instant request, with the aim of
investigating and punishing those responsible.
4.
The July 21, 2004 note by the Secretariat of the Inter-American Court of
Human Rights (hereinafter “the Secretariat”) in which, under instructions by the
President of the Court (hereinafter “the President”), it granted up to July 28, 2004
for the State to send its observations on the request for provisional measures filed
by the Commission in the instant case (supra Having Seen 1). The State sent no
observations on the matter.
5.
The August 3, 2004 order of the President of the Court in which, in
consultation with all the judges of the Court, he decided:
1.
To order the State to adopt, forthwith, such measures as [might] be necessary
to safeguard and protect the lives, safety, and freedom of expression of the journalists,
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